News & Analysis as of

Evidence

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

by Nilan Johnson Lewis PA on

The Scenario - Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons...more

3 Things to Know when Taking Depositions in Taipei (Updated)

by Planet Depos, LLC on

Many depositions are taken yearly in Taiwan, mainly in the cities of Hsinchu, Taichung, and Taipei, the nation’s political, economic, and cultural center. Naturally, Taipei has all the amenities necessary to comfortably host...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

8 Tips to Save Time & Money on Depositions (Updated)

by Planet Depos, LLC on

Who isn’t trying to be more economical these days? It seems everyone is tightening their belts just a bit. Law firms are no different, trying to cut costs for frugal clients looking for any expenses they can cut. ...more

Appeal Held Moot and Dismissed By Court of Appeals

by LeClairRyan on

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were...more

EEOC’s Motion For Sanctions Granted Over Employer’s Failure To Preserve And Produce Records

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC lawsuit alleging that an employer failed to reasonably accommodate its Muslim employees’ requests for prayer breaks, a federal court in Colorado granted the EEOC’s motion for sanctions — as a...more

DOJ Announces Project Focused on Admissibility of Forensic Evidence

Yesterday, the U.S. Department of Justice (DOJ) announced an initiative aimed at “examining and strengthening forensic science.” Presumably, the initiative will impact how the DOJ approaches digital forensic evidence in...more

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

by Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Belgium Adopts Law Enacting EU Directive on Private Antitrust Damages

by Jones Day on

On June 6, 2017, Belgium adopted legislation ("Law") transposing the EU directive on private antitrust damages (Directive 2014/104, ("Directive")). The Law became applicable on June 22, 2017, and is expected to boost private...more

Can Unexpected Results Make the Obvious Non-Obvious?

In Honeywell, Int’l Inc. v. Mexichem Amanco Holdings S.A., [16-1996] (August 1, 2017), the Federal Circuit vacated the USTPO’s reexamination decision invalidating claims 1–26, 31–37, 46–49, 58, 59, 61–68, 70–75, 80, and 81 of...more

Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.

Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do you have a choice? Earlier this year, the Florida supreme court raised a red flag on the...more

5 Client Deposition Preparation Tips

by Planet Depos, LLC on

You have heard it many times: failure to plan means planning to fail. Depositions sometimes offer a poignant example of this maxim. Many lawyers schedule a deposition and do nothing more than notify their client of when...more

How To Address Wipers In Trade Secret Cases

by Seyfarth Shaw LLP on

When litigation looms or a data preservation notice is sent out, key individuals or parties might try to delete data to avoid discovery – despite well-publicized horror stories regarding data destruction, phone and email...more

PTAB Can Rely on New Evidence Introduced by Petitioner in its Reply

by Pepper Hamilton LLP on

In a decision last month, the Court of Appeals for the Federal Circuit gave petitioners in AIA proceedings yet another weapon to invalidate patents – by affirming a Patent Trial and Appeal Board (PTAB) decision that relied,...more

Your Hearsay Objection to Expert Testimony in Support of an Award for Future Damages: Use it or Lose it

In David v. Hernandez, 2017 No. B270133, the California Court of Appeal, Second District, upheld the trial court’s evidentiary rulings on two distinct expert opinions: (1) speculative testimony regarding plaintiff’s marijuana...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES C. Suran v. Auluck, [2017] B.C.J. No. 564, per Burke, J. [4234]

by Field Law on

II. LIABILITY ISSUES - C. The two drivers in a street race were found to be joint tort-feasors, both responsible for the death of a passenger in one of the vehicles, and the passenger was found contributorily negligent for...more

5 Keys to Coordinating International Depositions (Updated)

by Planet Depos, LLC on

Coordinating international depositions can be an expensive, time-consuming process. Working with a court reporting firm experienced in international depositions greatly reduces the time and expense law firms would encounter...more

Down, but not out – initial adverse decision not a bar to future recovery of .ca domain name

by Smart & Biggar on

A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first...more

Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week

by CloudNine on

In HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga., Jan. 30, 2017), Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the...more

Planning for Depositions in Spain (Updated 2017)

by Planet Depos, LLC on

Planning for depositions in Europe can be challenging for a variety of reasons. Fortunately, coordinating depositions in Spain is not too different from planning depositions in the U.S. Spain is one of the parties to The...more

State Legislature and Governor Work Quickly to Overturn Wilkes

On July 20, 2017, Governor Cooper signed into law House Bill 26. The Bill, which passed unanimously in the State Legislature, addressed and reversed portions of the recent Supreme Court decision, Wilkes v. City of Greenville....more

Federal Circuit Finds That Fetal Diagnosis Claims Survive Written Description Attacks

by Knobbe Martens on

Stanford University v. The Chinese University of Hong Kong. Federal Circuit Appeal No. 2015-2011. Decided June 27, 2017. In an appeal from the Patent Trial and Appeal Board (PTAB), the Federal Circuit held that claims...more

Tort Reform Update: Missouri Changes Rules for Recovery of Medical Bills as Damages

by Lathrop Gage on

On July 5, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 31. This tort reform measure prescribes new evidentiary rules for plaintiffs who seek to recover as damages the medical bills they incurred as a...more

Why The Federal Circuit Revisited Written Description

by Foley & Lardner LLP on

In Stanford University v. The Chinese University of Hong Kong (Fed Cir. No 2015-2011, June 27, 2017), the Federal Circuit vacated and remanded interference decisions on the ground the Patent Trial and Appeal Board (“Board”)...more

Hixon: Medical records and privacy

by GableGotwals on

Many people mistakenly believe that their medical files maintained by their physicians are 100 percent private. However, there are legal scenarios in which those files are under subpoena and that require physicians to comply...more

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