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"
What have we learned about Inter Partes Reviews (IPR) since its inception on September 16, 2012?
Since the September 16, 2012, effective date of the AIA trial provisions, 3,277 IPR petitions have been filed through July...more
The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent’s case. Justice Brennan’s...more
The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain...more
On August 20th, the U.S. Patent and Trademark Office published proposed rules that would amend the consolidated set of rules currently governing Inter Partes Reviews, Post-Grant Reviews, Covered Business Method Reviews, and...more
On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more
USPTO responds to public comments on PTAB trial procedures, publishes several proposed rule changes for 60 day comment period....more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more
In County of Los Angeles Board of Supervisors et al. v. The Superior Court of Los Angeles, 2015 DJDAR 4085, the California Court of Appeal for the Second District ruled that attorney invoices may be confidential...more
A plaintiff in the District of New Hampshire recently found itself stuck in an unenviable and inescapable jurisdictional hole. Plaintiff Presby Patent Trust sued Infiltrator Systems, a Connecticut-based manufacturer and...more
Facebook: Fact or fiction? These days, courts are more and more frequently faced with disputes over whether, as part of the discovery process, a litigant should be entitled to view the opposing party’s social media posts. As...more
On April 30, 2015, the International Trade Commission issued the public version of its opinion reviewing ALJ Thomas B. Pender’s Initial Determination in Investigation No. 337-TA-883, finding the Respondents in default due to...more
As social media has become ubiquitous, courts are wrestling with more discovery disputes involving social media accounts.
In a recent case, Crowe v. Marquette Transportation Co. Gulf-Inland, LLC, the plaintiff...more
Admissibility of Third Party Postings on Social Media Pages.
This article focuses on whether statements posted by a third party on a person’s Facebook “wall” or similar social media page are admissible for their truth...more
The United States Supreme Court has decided an important question of trademark law that has divided the courts of appeals.
The Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 575 U.S. ____, 2015...more
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
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
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
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
When Wisconsin’s legislature enacted the state’s so-called “mediation privilege” in Wis. Stat. § 904.085, it expressly sought, in subsection (1) of that provision, “to encourage the candor and cooperation of disputing...more
An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more
Traditional e-discovery collection tools are not designed to work with social media, and manual techniques are too time consuming to be workable, as a plaintiff learned in a recent wrongful termination case, Stallings v. City...more
Hawley v. Mphasis Corp., 2014 WL 3610946 (S.D.N.Y. July 22, 2014).
In this employment discrimination case, the plaintiff moved for sanctions due to defendant’s alleged discovery violations. The plaintiff claimed that...more
Saying, “[t]here is no way the court would ever order 5000+ custodians to be searched (on this record),” Judge Forrest ordered the parties to meet and confer to attempt to narrow a list of custodians whose documents must be...more
The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last...more
A federal court in Minnesota determined that an umbrella insurer’s communications with its reinsurers are discoverable in a coverage dispute. The case is titled National Union v. Donaldson Co., and the focus is on the scope...more
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