Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more
A common concern for business litigants is protecting legitimately confidential matter contained in documents produced during discovery from dissemination to non-parties. The Supreme Court’s decision in Seattle Times Co. v....more
Plaintiffs filed a motion to permit them to file an affidavit, along with billing documents, under seal. The affidavit, along with its exhibits, was forty-seven pages in length. In the motion, the Plaintiffs contend that "the...more
The recent decision of Oliner v. Kontrabecki, 745 F.3d 1024 (9th Cir. 2014) highlights the potential risks of filing sensitive documents under seal in court. In Oliner, the parties agreed to seal all documents related to the...more
In Corning Gilbert Inc. v. PPC Broadband, Inc., IPR2013-00347, Paper 32, IPR 2013-00340, Paper 34 (April 3, 2014), the Board instructed the parties two try again to resolve their issues before it ruled on their motions to...more
A New York federal court declined to seal portions of a reinsurance agreement at the request of intervening reinsurer Battenkill Insurance Co., LLC (“Battenkill”). Battenkill intervened in an interpleader action brought by...more
There are two trends increasing the costs of patent litigation.
The first is the increased use of Daubert motions to exclude the opinion of opposing damage experts as unqualified or unreliable. The practical result...more
Eagle Star Ins. Co. v. Arrowood Indemnity Co., No. 13 Civ. 3410 (HB), 2013 U.S. Dist. LEXIS 135869 (S.D.N.Y. Sept. 23, 2013).
A New York federal court recently granted an application by putative intervenors to unseal...more
Recent Case Summaries -
Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct -
Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more
Trends and Analysis:
..We have identified 21 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, two were filed in 2013, 15 were filed in 2011 or 2012, and four were filed in 2010 or...more
On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more
Trends and Analysis -
..We have identified 24 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only 2 were filed in 2013. Nearly half were filed before 2011.
..Among the 24...more
Illinois Governor Pat Quinn recently signed a bill into law that gives employers greater financial incentives to hire persons with criminal records and makes it easier for ex-offenders to seal or expunge their criminal...more
Trends and Analysis:
..We have identified 20 health care-related qui tam cases unsealed in July 2013. About a quarter of those were filed in 2013.
..Among the cases unsealed in July, the government has declined to...more
June 19 (Bloomberg) -- Lawyers may object to disclosing how much they actually collect per hour from non-bankrupt clients, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle explain on...more
A new Indiana law takes effect on July 1, 2013 to prohibit employers from asking about (or otherwise considering) expunged or sealed arrests and convictions. Similarly, a new North Carolina law takes effect December 1, 2013...more
The issues that a court must address in determining whether to seal the record in a patent case present an interesting counterpoint to most other aspects of high-stakes litigation, in which one typically finds adversaries...more
May 29 (Bloomberg) -- The examiner in the Residential Capital bankruptcy has charged approximately $83 million to create his report, but it remains under seal. Berkshire Hathaway has asked the judge to unseal the report...more
Feb. 27 (Bloomberg) -- Money stolen from victims of the Bernie Madoff Ponzi scheme is earmarked for someone who may have been an accomplice in the fraud, and the agreement is being kept secret by a federal district judge. ...more
In many states, including Maine, “signed and sealed” documents may be enforced for a longer period of time than documents that are not sealed. The statute of limitations for sealed documents may be 20 years, but only six...more
In a substantial narrowing of the public’s ability to review court files, the Washington Supreme Court has held there is no constitutional right of access to any case record unless and until the record becomes “relevant to a...more
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