News & Analysis as of

Pre-Suit Investigation

Butler Snow LLP

The Art of Pre-Suit Claims Management: Practical Guidance for In-House Counsel

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For good reason, many companies focus their legal and compliance work on matters that require immediate attention, like active litigation and pressing regulatory issues. But matters that come to the company’s attention before...more

Lowenstein Sandler LLP

Is a Limited Partner’s Waiver of Their Statutory Right to Book and Records Enforceable? The Answer is Less than Clear.

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Inspection rights in a partnership agreement are frequently ignored until a dispute arises. And by that time, a limited partner’s degree of access may make the difference as to whether a lawsuit is ultimately filed. ...more

Steptoe & Johnson PLLC

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

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The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more

WilmerHale

Retroactivity and Title IX: Doe v. Rensselaer Polytechnic Institute

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On October 16, 2020, the Northern District of New York, in Doe v. Rensselaer Polytechnic Institute, enjoined Rensselaer Polytechnic Institute (RPI) from applying its 2018 Sexual Misconduct Policy to a complaint concerning an...more

Seyfarth Shaw LLP

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

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Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in...more

A&O Shearman

Delaware Court Of Chancery Denies Stay Sought By Special Litigation Committee Appointed By Conflicted General Partner

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On August 28, 2019, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery denied a motion to stay filed by the special litigation committee formed by defendant Blue Bell Creameries, Inc. (“BBGP”) in...more

Seyfarth Shaw LLP

Federal Court Rules That Employer Is Not Entitled To EEOC’s Pre-Suit Materials

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Seyfarth Synopsis: After a federal magistrate judge in California ordered the EEOC to provide written discovery responses relative to the substance its pre-suit investigation of a sex discrimination charge in EEOC v. Chipotle...more

McDermott Will & Emery

“Exceptional Case” Determinations May Rest on Alleged but Non-Litigated Issues

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Addressing the issue of attorneys’ fees in connection with exceptional cases under 35 USC § 285, the US Court of Appeals for the Federal Circuit affirmed the district court’s determination that a case was exceptional based on...more

White & Case LLP

Norwich Pharmacal relief – costs, rights and obligations in pre-action disclosure

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In a decision handed down last week, Jofa Limited and Joseph Farah v Benherst Finance Limited and Chestone Industry Holding [2019] EWCA Civ 899, the Court of Appeal considered the rules regarding the costs of applications for...more

Akin Gump Strauss Hauer & Feld LLP

Attorneys’ Fees Award for Plaintiff’s Inadequate Pre-Suit Infringement Investigation Affirmed Even Though Trial Court Never...

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The Federal Circuit recently upheld a district court’s decision to tax a patent infringement plaintiff with its opponent’s attorneys’ fees based on an inadequate presuit investigation into infringement, even though the patent...more

Hanzo

[Webinar] How A.I. could take on the $100B meritless claims problem: Hanzo on

Multidistrict litigation (MDL), came into being in 1968 with the intent to make it more efficient for parties to litigate complex cases where there is a common question of fact that are pending in different districts. Since...more

Akin Gump Strauss Hauer & Feld LLP

Dual-Purpose, Patent Analysis Documents Found Immune from Discovery under Work Product Doctrine

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In Limestone Memory Systems LLC v. Micron Technology, Inc. et al., the Discovery Master ruled that, under 9th Circuit law, pre-suit, patent analysis documents qualified for immunity from discovery under the work product...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Winstead PC

Court Affirms A Rule 202 Pre-Suit Deposition Order In A Will Contest And Discusses The Acceptance-Of-The-Benefits Doctrine

Winstead PC on

In In re Meeker, individuals sought a mandamus to reverse a trial court’s order granting a Rule 202 pre-suit deposition order. No. 02-16-00103-CV, 2016 Tex. App. LEXIS 6883 (Tex. App.—Fort Worth June 29, 2016, original...more

Seyfarth Shaw LLP

Taking The EEOC At Its Word: Court Relies On Agency’s Own Declaration In Granting Summary Judgment

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Seyfarth Synopsis: Court granted EEOC’s partial motion for summary judgment on issue of pre-suit conciliation, finding that a declaration submitted by an EEOC official was sufficient evidence to show that the EEOC satisfied...more

Proskauer - New England IP Blog

Laches Defense Loses its Luster in LED Patent Dispute

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In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario...more

Seyfarth Shaw LLP

U.S. Supreme Court Rejects The Government’s Position In The Largest EEOC Fee Sanction Case Ever

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Seyfarth Synopsis: In a landmark case for EEOC litigation involving fee sanctions, while employer CRST successfully argued that a ruling “on-the-merits” is not necessary to be a prevailing party, the SCOTUS remanded the case...more

Littler

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

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On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more

Seyfarth Shaw LLP

U.S. Supreme Court Hears Oral Argument In EEOC v. CRST Van Expedited, Inc.

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Yesterday the U.S. Supreme Court heard oral arguments in EEOC v. CRST Van Expedited, Inc. Involving the largest fee sanction award ever levied against the EEOC – nearly $4.7 million – EEOC v. CRST Van Expedited, Inc....more

Seyfarth Shaw LLP

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

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In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more

Seyfarth Shaw LLP

“We Don’t Want To Pay $4.7 Million” – EEOC Files Its Supreme Court Brief in CRST Fee Sanction Case

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As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...more

Seyfarth Shaw LLP

EEOC’s Request For Another Bite Of The Apple Rejected At “Mach Speed”

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We have previously blogged about the impact of the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, No. 13-1019 (U.S. April 29, 2015). As we predicted, the true impact of Mach Mining will not be known until...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

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We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Mintz - Employment, Labor & Benefits...

Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

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An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds EEOC Investigation Not Subject to Review

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Recently, the United States Court of Appeals for the Second Circuit held in the matter of Equal Employment Opportunity Commission (“EEOC”) v. Sterling Jewelers Inc. (“Sterling Jewelers”), that the District Court erred by...more

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