Motion to Compel

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

District Court Grants Motion to Compel Against SEC, Holding that "Facts" Are Not Work Product In SEC Confidential Witness...

by Robert Rose | Sheppard Mullin Richter & Hampton LLP on 5/3/2013

In a recent Securities & Exchange Commission (“SEC”) investigation, the SEC interviewed three persons who had proffer agreements with the SEC and United States Attorney. In a subsequent SEC enforcement action, a defendant...more

White Collar Watch - March 2013

by Andrea P. Brockway, Brett S. Covington, Christopher R. Hall, Nicholas J. Nastasi, Gregory G. Schwab, Brian Simons, Matthew Smith | Saul Ewing LLP on 3/22/2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct

by Katherine R. Hinde, Danielle Kitson, Angelo Spinola | Littler on 3/19/2013

In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission...more

New York’s Two Prong Analysis For Production Of Social Media

by Sean Gajewski, James G. Ryan | Cullen and Dykman LLP on 3/7/2013

Last month, we summarized the N.Y. Supreme Court case, Fawcett v. Altieri, which involved the production of electronically stored social media content. What the post did not address, however, was the simple two prong analysis...more

Broad Federal Policy Favors Arbitration Agreements, Can Extend to Non-Parties

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/25/2013

With the Supreme Court last year strengthening the case for the arbitratrion of non-compete disputes, count me in as one who is fairly confident we're going to see businesses utilizing such clauses more in employment and...more

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/22/2013

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

What Happens When Some Investors Agree To Arbitration But Others Don’t?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/12/2013

Arbitration continues to be a hot topic for the courts. See Achilles’ Shield And Judicial Review Of Arbitration Awards and U.S. Supreme Court Holds That State Courts Must Not Assume The Arbitrator’s Role By Declaring...more

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

by Christopher M P Jackson | Cohen & Gresser LLP on 2/6/2013

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and...more

Trial Court Abuses Its Discretion by Forcing Insurer to Bear the Cost of Giving Notice to Putative Class Members

by David J. McMahon | Barger & Wolen on 1/23/2013

In In re Insurance Installment Fee Cases, 2012 DJDAR 16696 (2012), the California Court of Appeal for the Fourth Appellate District decided an important class action cost recovery issue. The case arose in the insurance...more

Abstention Trumps Arbitration In Tenth Circuit

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/17/2013

The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under the Colorado River doctrine. D.A. Osguthorpe Family P’ship v....more

Compelled Arbitration Of Dispute between Homeowners Associations Upheld

by Schecter Law on 1/14/2013

In Ibis Lakes Homeowners Ass'n, Inc. v. Ibis Isle Homeowners Ass'n, Inc., 4D12-1273 (Fla. 4th DCA, Dec. 12, 2012), Ibis Lakes Homeowners Association, Inc. (“Plaintiff”) sought review of a non-final order of the trial court...more

Second Circuit Affirms Dismissal of Class Action Against S&P Over MBS Ratings

by Orrick - Structured Finance Group on 1/10/2013

On December 20, 2012, the Second Circuit affirmed a decision by Judge Sidney H. Stein of the Southern District of New York dismissing a putative class action suit alleging that Standard & Poor’s Ratings Services intentionally...more

Reinsurance Redux - December 2012

by Braden A. Borger, Andrea P. Brockway, Amy S. Kline, Sean T. O'Neill, Caitlin M. Piccarello | Saul Ewing LLP on 12/18/2012

In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 12, 2012

by Jonathan Zavin | Loeb & Loeb LLP on 12/13/2012

In This Issue: Celador Int’l Inc. v. American Broadcasting Companies, Inc., USCA Ninth Circuit, December 3, 2012 (unpublished opinion): Ninth Circuit upholds $269 million jury award against ABC and other Disney...more

Self Collecting Search Strategy May Be Discoverable

by Miller Canfield on 9/11/2012

In S2 Automation v Micron Technology, Mircron served S2 with interrogatories and document requests that became the subject of Micron's motion to compel. The motion to compel covered several issues, including Micron's request...more

To Compel Under the FAA or the MAA? That Is The Question

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/9/2012

Often, when a plaintiff files a lawsuit, there’s an arbitration agreement somewhere in his or her personnel file. And, unbeknownst to the plaintiff’s counsel, the claims brought actually should be arbitrated—not litigated....more

Financial Statements and Settlement Negotiations of Cooperating Witnesses in SEC Action Not Discoverable by Defendants

by Katten Muchin Rosenman LLP on 5/15/2012

The U.S. District Court for the Southern District of New York last week denied defendants Rajat Gupta and Raj Rajaratnam’s motion to compel documents concerning settlement negotiations between the Securities and Exchange...more

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

by Aaron Minc on 11/18/2010

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

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