News & Analysis as of

Ex-Parte Communications

Bricker Graydon LLP

[Event] Ethics & Professionalism Seminar - November 29th, Columbus, OH

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Bricker & Eckler invites you to attend our annual Ethics & Professionalism Seminar. This year's event features the following presentations and speakers: The Year in Review - Joseph Caligiuri, Ohio Disciplinary Counsel...more

Cranfill Sumner LLP

Can My Arbitrator Mediate or Help Settle My Case?

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A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more

Freeman Law

The IRS Appeals Office

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The IRS Independent Office of Appeals (“IRS Appeals”) was established to provide an “independent” IRS function that is separate and independent from the IRS’s compliance functions that maintain responsibility for collecting...more

Bricker Graydon LLP

[Webinar] Ethics & Professionalism Virtual Seminar - December 9th, 11:00 am - 2:00 pm EST

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Bricker & Eckler invites you to attend our annual Ethics & Professionalism Virtual Seminar. This year's event features the following presentations and speakers: The Year in Review - Joseph Caligiuri, Ohio Disciplinary...more

Fox Rothschild LLP

Overview of Dispute Review Boards in the Construction Process

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Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method — design-build, design-bid-build, construction manager at risk, construction manager not at...more

Jackson Lewis P.C.

Defendants Have Conditional Access To Putative Class Members, Pennsylvania Federal Court Rules

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Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act...more

Perkins Coie

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

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More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as...more

Perkins Coie

Plaintiff Lacked Standing to Sue Coastal Commissioners for Failing to Disclose Ex Parte Communications

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A court of appeal held that a plaintiff did not have public interest standing to sue Coastal Commissioners for violating disclosure obligations concerning ex parte communications because the lawsuit was not brought as a...more

Davis Wright Tremaine LLP

Washington Supreme Court Extends Corporate Privilege to Non-Employee Agents

The Washington Supreme Court decided that a corporation's attorney-client privilege may protect communications with independent contractors and other non-employee agents in a recent decision styled Hermanson v. MultiCare...more

Bricker Graydon LLP

[Webinar] Ethics & Professionalism Virtual Seminar - December 8th, 11:00 am - 2:00 pm EST

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Bricker & Eckler invites you to attend our Ethics & Professionalism Virtual Seminar. This year's event features the following presentations and speakers: The Year in Review - Joseph Caliguiri, Ohio Disciplinary Counsel -...more

McDermott Will & Emery

No Due Process Violation When New Panel Hears Substantive Arguments

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Affirming a Patent Trial and Appeal Board (Board) non-obviousness determination, the US Court of Appeals for the Federal Circuit found that the Board did not abuse its discretion in sanctioning a patent owner who engaged in...more

Butler Snow LLP

Organizations Beware: New Legal Ethics Opinion confirms Virginia’s narrow prohibition against lawyers directly contacting...

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On January 9, 2020, the Supreme Court of Virginia approved Legal Ethics Opinion (“LEO”) 1890, which comments on a number of issues under Virginia Rule of Professional Conduct 4.2, “Communication with Persons Represented by...more

Best Best & Krieger LLP

Best in Law: Political Speech Restrictions

The First Amendment guarantees the right to petition the government, which includes the right to participate in elections. These protections apply to individuals and businesses involved in paid and unpaid advocacy. ...more

McDermott Will & Emery

Ex Parte Communications Lead to PTAB Sanctions

Finding that several of the patent owner’s communications were improper ex parte communications, the Patent Trial and Appeal Board (PTAB) entered an order granting in part the petitioner’s motion for sanctions. Apple Inc. v....more

Jones Day

Patent Owner Sanctioned For Ex Parte Communications

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Under 37 C.F.R. § 42.5(d), communications with a Board member regarding a specific proceeding are not permitted “unless both parties have an opportunity to be involved in the communication.” This prohibition, however, does...more

Blake, Cassels & Graydon LLP

Careless Whispers: Ex Parte Communications Lead to Overturned Arbitration Award

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise...more

Davis Wright Tremaine LLP

California Public Utilities Commission Issues Resolution ALJ-344, Constricting Procedures

At the end of 2017, the California Public Utilities Commission issued Resolution ALJ-344 which implements statutory amendments pursuant to Senate Bill (SB) 215, reflects changes in the Commission’s administration, streamlines...more

Rumberger | Kirk

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

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In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

Ballard Spahr LLP

CFPB’s Ombudsman’s Office issues sixth annual report

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The CFPB’s Ombudsman’s Office has issued its sixth annual report covering the Office’s activities during fiscal year 2017 (October 1, 2016 through September 30, 2017).  The role of the Ombudsman’s Office is to assist in the...more

Holland & Knight LLP

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

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The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings....more

Butler Snow LLP

Product Liability & Complex Litigation Vol. 1, No. 1

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We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more

Ballard Spahr LLP

CFPB’s Ombudsman’s Office issues fifth annual report

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The CFPB’s Ombudsman’s Office has issued its fifth annual report covering the Office’s activities during fiscal year 2016 (October 1, 2015 through September 30, 2016).  The role of the Ombudsman’s Office is to assist in the...more

Morrison & Foerster LLP

New Legislation Changes Rules for Ex Parte Communications at the CPUC

Anyone with business before the California Public Utilities Commission (CPUC) needs to be familiar with the CPUC’s rules governing ex parte communications. “Ex parte communications,” or “ex partes,” are direct, nonpublic...more

Carlton Fields

Ex Parte Communications Between Reinsurer’s Attorney And Party-Appointed Arbitrator Lead To Vacatur Of Award

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The Sixth Circuit recently held that a lower court erred by refusing to vacate an arbitration panel’s interim and final awards due to ex parte communications between one of the arbitrators and the attorney for the appellee,...more

Butler Snow LLP

HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

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A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial...more

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