What is at will employment law?
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
Posted on January 28, 2015 by Julie Brook, Esq. When corporate goes criminal, i.e., an investigation involving a corporation leads to a criminal case headed to trial, you often need computer forensic experts to testify about...more
January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained...more
This article explores possible measures that parties to commercial transactions and their attorneys can take to help ensure greater contract certainty when fraud claims of one type or another are not barred by the parol...more
PARENTAL ADVISORY: This is testimony in a sexual harassment case, so it’s necessarily NSFW (Not Suitable For Work. Unless you’re an employment lawyer or HR professional, in which case it’s AIADW (All In A Day’s Work).)...more
In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more
Earlier this month, a federal judge in New Jersey held that a secretly recorded conversation between a former chief executive officer and his general counsel may be used by prosecutors as evidence against the former executive...more
For over a hundred years Americans have enjoyed Josh Billing’s chestnut, “I’d rather not know so much, than to know so much that ain’t so.” For nearly seventy years, American lawyers have known one big thing that ain’t so:...more
Presenting your evidence in a digital format in this day and age can be extremely powerful. With every juror owning a smartphone, it’s no wonder they respond well to a more visual approach to the evidence. It’s more dynamic,...more
Through a pair of opinions issued the same day, the Ninth Circuit attempted to clarify the evidence required for a defendant to meet its burden of showing that the amount in controversy exceeds CAFA’s $5 million threshold...more
Federal and state courts are using Lone Pine orders to effectively manage and control mass tort cases and other complex litigation. A Lone Pine order is a case management order that requires all plaintiffs to furnish...more
American Honda Motor Co., Inc. v. American Vehicular Sciences LLC -
The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) concluded that a party need not renew an objection to evidence if...more
One of the jewels of the Scandinavian region of Europe, the Kingdom of Sweden,is a highly frequented country for taking depositions. Not only is the country full of interesting history and breathtaking beauty, it is also a...more
I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual harassment trial that is taking place as we speak in Manhattan. If you haven’t been, then now is the time to start!...more
The next time you’re deciding between excluding evidence via a motion in limine or taking your chances at trial, make sure to review this chart of the pros and cons of motions in limine....more
This one should be pretty obvious, but for the record, it’s never a good idea to destroy potential evidence.
For better or worse, however, it looks like the possible destruction of evidence will now be the focal point...more
You have filed your motions in limine and obtained rulings prior to trial. You put the motions in a box in the back of the courtroom and figure all of your objections have been preserved. Wrong!
It is always a good...more
For many years, U.S.-China relations have been strained; however, with President Obama’s recent trip to the Asia-Pacific region, tensions seem to be easing. Evidence of this upturn in relations comes as China began issuing...more
Seagate Tech., LLC v. W. Digital Corp -
Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more
The Court of Appeal, Second Appellate District, delivered a sobering reminder to public agencies to carefully review documents produced in response to the Public Records Act (“PRA”) to avoid disclosure of documents protected...more
Search Am., Inc. v. TransUnion Intelligence, LLC -
In an recent covered business method (CBM) patent review proceeding, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) denied the parties’...more
Arguably one of the most beautiful countries in Europe is the Swiss Confederation, or Switzerland. With its gorgeous lakes, breath-taking mountain peaks, and lush valleys, Switzerland is a top tourist spot. Switzerland is a...more
If you went to bed without snow on the ground; slept soundly all night and awoke to a snow covered ground all around you, what could you reasonable say?
It snowed. You did not have to actually see the activity of snow...more
On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more
Microsoft Corp. v. SurfCast, Inc. -
Addressing the requirements for antedating prior art, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) ruled all claims of a challenged patent unpatentable,...more
My company is considering implementing a policy of mandatory arbitration of employment disputes. Putting aside the legal considerations, is this practically a good idea?...more
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