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Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and...more

Litigation Minute: Year in Review—Trending Topics Across the 2022 Litigation Spectrum

What You Need to Know in a Minute or Less - In 2022, we published more than 30 editions of our Litigation Minute newsletter, with eight series featuring topics ranging from mass arbitration to cryptocurrency litigation....more

All Business is Global: The Benefits of International Arbitration

Introduction - Whether you have a supplier or manufacturer in Asia or distributors in the European Union or South America, all successful product manufacturers do business globally....more

U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"

On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or...more

U.S. Supreme Court Eliminates Prejudice Requirement for Waiver of Arbitration Agreements

With the increasing use of arbitration clauses and agreements, courts have been required to address challenges to the enforceability of such contracts. One such situation is where one party to an arbitration agreement delays...more

HUB Talks: Arbitration World: U.S. Supreme Court to Address Prejudice Requirements For Waiver of Arbitration Agreements

In this episode, partners Jackie Celender and Lindsay Sampson Bishop, along with associate John Gavin, discuss the oral argument recently heard by the U.S. Supreme Court in Morgan v. Sundance dealing with the question of...more

HUB Talks: Arbitration World: U.S. Supreme Court Set to Decide Section 1782 Circuit Split

In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

COVID-19: Working with Third-Party Service Providers and Their Personnel for a Safer Reopening

As states start to lift or relax restrictive measures implemented at the outset of the COVID-19 pandemic, many businesses are preparing to reopen in some capacity. As highlighted in K&L Gates’ recently published Reopening...more

COVID-19: New England States Embrace Remote Notarization as Connecticut, Maine, New Hampshire, Rhode Island, and Vermont...

Among the dilemmas facing companies trying to conduct business through the COVID-19 crisis is the question of how to notarize documents while complying with social-distancing guidelines. As offices adapt to remote work and...more

COVID-19: Insurance Policy Considerations for Higher Education Institutions

Colleges and universities across the country have been hit hard by the coronavirus (“COVID-19”) pandemic. In an effort to stop the spread of the virus, many higher education institutions have moved classes online, closed...more

Highest Massachusetts Court Upholds Consent-To-Settle Clauses, but Issues Warning to Insurers

Many professional liability insurance policies include what are referred to as “consent-to-settle” clauses, which require an insurer to seek its insured’s consent prior to settling a covered claim. ...more

Highest Massachusetts Court Confirms Coverage for “Advertising Injury” Claims Based on Use of a Name

In a case of nationwide first impression, the Massachusetts Supreme Judicial Court ruled in favor of K&L Gates LLP’s client, Vibram Corporation (“Vibram”), by holding that allegations regarding Vibram’s use of a deceased...more

Third Circuit Moves Toward a Broader View of Standing in FCRA Data-Breach Class Action

Recently, the Third Circuit widened the gates for certain data-breach plaintiffs, holding that alleged violations of the Fair Credit Reporting Act (“FCRA”) constitute injuries-in-fact sufficient for Article III standing. In...more

The Eighth Circuit Charts a Course for Data Privacy Cases in the Wake of Spokeo for Technical Violations of a Statute That Result...

The Eighth Circuit recently became the one of the first federal Courts of Appeals to apply the U.S. Supreme Court’s Article III standing decision in Spokeo Inc. v. Robins to a data privacy case. The Eighth Circuit affirmed...more

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

No Harm, No Foul: Undisclosed Sale of Personally Identifying Information Does Not Give Rise to Standing to Sue

At a time when cybersecurity issues, privacy issues, and the protection of confidential personally identifying information (“PII”) from unauthorized use or identity theft are at the forefront of the minds of businesses and...more

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