Pleadings Discovery

News & Analysis as of

Begin with the End in Mind: Collaboration with Outside Counsel in Preparing Trial-Ready Initial Pleadings

If there is a secret to effective business litigation, it is planning early and well – as early as preparing the complaint or, for defendants, their answer and defenses. While a cogent, powerful opening pleading has always...more

Pleading Patent Infringement Without Form 18

On December 1, 2015, changes recommended by the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure and adopted by the Supreme Court will take effect. Among these changes is elimination of the...more

It Can Be A Tough Road For Trade Secrets Plaintiffs In The NC Business Court

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified...more

Divided Fourth Circuit Panel Slices Up Twombly in Table Saw Boycott Suit

Last week, a divided three-judge panel of the Fourth Circuit issued a significant decision in a boycott conspiracy case, SD3, LLC v. Black & Decker, No. 14-1746 (4th Cir. Sept. 15, 2015). The suit, at its heart, turns on the...more

Post-Grant Proceedings: The Top Seven Things You Should Know About the Proposed Rule Changes

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

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

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 Proposes New Rules For PTAB Trial Proceedings

Practice Points: USPTO responds to public comments on PTAB trial procedures, publishes several proposed rule changes for 60 day comment period....more

American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) recently revised its Construction Industry Rules and Mediation Procedures (Rules). The revised Rules, which took effect on July 1, 2015, are intended to provide a more efficient and...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Rules Adopted for Speedy Arbitrations Through the Delaware Rapid Arbitration Act

The Delaware Supreme Court has adopted official rules to govern arbitrations brought pursuant to the Delaware Rapid Arbitration Act (DRAA) —a novel approach to ensuring quick, efficient, and confidential resolution of...more

Delaware Supreme Court Adopts Rules to Streamline Arbitrations Under the Delaware Rapid Arbitration Act

The Delaware Rapid Arbitration Act (“DRAA”), effective May 2, 2015, creates a streamlined arbitration process resulting in swift, confidential, and cost-effective resolutions of business disputes. This arbitration process...more

Court Follows Cost Shifting Analysis for Backup Tape Production (California)

United States ex rel. Carter v. Bridgepoint Educ., Inc., 305 F.R.D. 225 (S.D. Cal. 2015) - In this qui tam action claim case, the plaintiffs demanded that the defendants restore inaccessible ESI, specifically emails,...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Procaps, Carlton Fields Getting Thoroughly Embarrassed in Antitrust Litigation vs. Patheon, Morgan Lewis

Anybody who litigates antitrust cases should pay attention to Procaps v. Patheon, currently pending in the Southern District of Florida. It’s a debacle. Procaps is getting crushed. Morgan Lewis is running circles around...more

PTAB Issues ‘Quick Fix’ Rule Package, Effective Immediately

On March 31 we posted (here) about the Patent Office rolling out a series of rulemakings for improving post-grant proceedings, beginning with a first rule package of “quick fixes” this spring. This past Tuesday, May 19, 2015,...more

Words can come back to haunt you: Boilerplate pleading could lead to inadvertent waiver of attorney-client privilege

Recently, a federal district court in Georgia ruled that a defendant waived the attorney-client privilege in communications with counsel about the lawfulness of its conduct under the False Claims Act simply by pleading good...more

URGENT: Delaware U.S. District Court Sets 6:00 p.m. Filing Deadline

Effective tomorrow, October 16, 2014, the filing deadline for pleadings filed with the United States District Court for the District of Delaware will be 6:00 p.m. prevailing Eastern Time. Per the letter from Chief Judge...more

U.S. House Passes Bill to Reform Patent Litigation

The U.S. House of Representatives approved a bill today called the “Innovation Act,” H.R. 3309, which was aimed at reigning in abusive patent litigation filed by “non-practicing entities (NPEs)” or “patent trolls.” The bill...more

Contrasting U.S. Litigation And International Arbitration

American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended...more

Federal Procedure Update - 2012

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more

Flawed Confidential Witness Allegations: A Crucial Issue in Securities Class Action Litigation

The recurring and pervasive problem of flawed confidential witness (“CW”) allegations tops my list of the key issues in securities class action litigation.* I don’t mean just notorious situations such as those recently at...more

Say Hello To My Imaginary Friend! Judge Posner, Seventh Circuit Issue Stern Warning To Plaintiffs’ Firms For Again Citing Bogus...

Plaintiffs’ counsel beware: to avoid Rule 11 sanctions you might actually have to talk to “confidential witnesses” yourself and corroborate their statements before citing them in a securities fraud complaint....more

Texas Looks to “Rejuvenate the Courthouse” With New Rules for Expedited Trial, Permissive Interlocutory Appeal and New “Loser...

Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more

Annual Report on EEOC Developments – Fiscal Year 2012

Over the years, Littler has provided periodic reports on significant cases, regulatory developments and other activities involving the Equal Employment Opportunity Commission (EEOC or “the Commission”). While such guidance is...more

27 Results
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.