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Testimony

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ?Board did not provide the patentee with an adequate opportunity to address a prior art reference ?that formed a principal basis for...more

Comey And Executive Privilege — What Could Have Been

Former FBI Director James Comey will testify before the Senate Intelligence Committee on June 8, 2017, as part of the committee’s investigation into Russia’s influence on the 2016 presidential election. And the committee’s...more

“Say it Ain’t So Barry:” A Brief Commentary on United States v. Barry Lamar Bonds and the Elusive Definition of Obstruction of...

Politics can be a contact sport as is evident from the recent appointment of a Special Prosecutor to investigate alleged misdeeds by the Trump Administration including obstruction of justice. Ironically, the decision of an...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

Update – Which Decisions Have Excluded Dr. Parisian, And About What?

by Reed Smith on

Back in 2013, we published a comprehensive post on the checkered Daubert history of the notorious and prolific (in equal amounts) plaintiff-side “FDA expert” (although she routinely attempts to opine way beyond FDA matters) –...more

Second Circuit Rules That Defendant Who Pleads Guilty Mid-Trial May Testify as Cooperating Witness Against Former Co-Defendants

On Wednesday, February 15, the Second Circuit issued a published opinion in United States v. Barret, No. 12-4663(L) (Pooler, Hall, Carney), addressing an issue of first impression in the Circuit—whether testimony of a former...more

Church defeats lawsuit by volunteer after stepladder accident. Duelling OHS experts’ testimony considered

by Dentons on

A volunteer has lost his lawsuit against a church after he fell off a stepladder he was using at the church. The volunteer was a parishioner at the church who agreed to help with painting. He claimed that the church’s...more

Godspeed to John Glenn and Failures at Deloitte

by Thomas Fox on

Last week, I paid tribute to Greg Lake. It turned out that the first full week of December was the final week for several important, if not seminal, figures. So this week I will pay homage to those who have left us, today I...more

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner...more

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission....more

Trump University Class Action Roaring Towards Trial

by Bennett Jones LLP on

This is a big week for U.S. President-elect Donald Trump. The champagne glasses won’t be dry and put away before Trump’s lawyers will be arguing a series of pre-trial motions in Low v Trump University, a U.S. class action...more

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

by Morgan Lewis on

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial

by Carlton Fields on

From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

‘Garden Variety’ Emotional Distress Damages in Employment Matters to ‘Bloom’ in New Jersey

by Jackson Lewis P.C. on

The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under...more

Fourth Circuit Requires Individual Analysis of "Me Too" Discrimination Evidence

In order to reach a jury trial, plaintiffs in employment discrimination claims generally must provide evidence of intentional treatment that led to some adverse employment consequences. In some cases, plaintiffs attempt to...more

New Rule Encourages the Use of Direct Testimony Affidavits to Streamline Trials in the New York Commercial Division

by Kelley Drye & Warren LLP on

Under a new rule approved yesterday, justices in the Commercial Division of New York State Supreme Court for the first time will be expressly authorized to require parties to submit the direct testimony of their own witnesses...more

Is Your Client Prepared?

Depositions are commonplace for litigation attorneys; however, we may sometimes forget that they are not routine for our clients. Many times our clients have never given a deposition. Even if a client has been deposed once...more

District Court Grants Motion to Strike Errata Changing Deposition Answers from a "Yes" to a "No"

In this patent infringement action, the defendants filed a motion to strike an errata change to the deposition testimony of a witness, Joseph Tindall. The district court noted that if the errata were allowed, it would change...more

Trademark Red Tape: Incoming Fee Increases And Sweeping TTAB Rule Changes

Disparaging Marks Still Held in Abeyance. As an update to our last Trademark Red Tape, the USPTO, which has now filed a petition for a writ of certiorari to the Supreme Court in In re Tam with respect to the...more

Proposed Rule Would Promote the Use of Direct Testimony Affidavits in the New York Commercial Division

by Kelley Drye & Warren LLP on

Justices in the Commercial Division of New York State Supreme Court would be expressly authorized to require parties to submit the direct testimony of their own witnesses in affidavit form in non-jury trials and evidentiary...more

Littler Principal Tammy McCutchen Highlights the Flaws in the DOL's Proposed Overtime Rules to Senate Small Business Committee

by Littler on

With publication of the Department of Labor's final overtime rule imminent, Littler Principal Tammy McCutchen testified before the Senate Committee on Small Business and Entrepreneurship on May 11, 2016, about how the...more

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