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Holland & Hart - Persuasion Strategies

Innovate to Keep Track of Information During Voir Dire

The setting of an in-court oral voir dire can be seen as a “perfect storm” of information. Data about your panel and your potential future fact-finders is coming at you from all directions. You may have responses from a...more

Lowenstein Sandler LLP

Federal Venues May Not Be Available in Lawsuits That Members File Against Limited Liability Companies

Lowenstein Sandler LLP on

The common train of thought when litigating as an out-of-state defendant is that it is best to be venued in federal court so as to eliminate any advantage an in-state plaintiff might have with a local jury. Typically, foreign...more

Cozen O'Connor

Sixth Circuit Reverses District Court in TCPA Enforceability Challenge

Cozen O'Connor on

The Sixth Circuit recently issued a significant ruling in a closely watched TCPA proceeding. The Sixth Circuit ruled that the TCPA’s automated call provisions could be enforced against businesses in connection with calls...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

WilmerHale

Future Of Issue Exhaustion In Agency Rulemaking Challenges

WilmerHale on

Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue...more

Farrell Fritz, P.C.

Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements

Farrell Fritz, P.C. on

Aficionados of Commercial Division practice know that the ComDiv rules originally were — and, as evidenced by an Administrative Order earlier this month, continue to be — modeled after the federal rules.  Efficiency begets...more

Bradley Arant Boult Cummings LLP

Truly Understanding NFJE's Diversity

NFJE annually opens its NFJE Symposium to appellate judges from all over the country and from all walks of life without regard to race, ethnicity, socioeconomic status, gender identity or sexual orientation. But NFJE...more

Jones Day

New York Court of Appeals Rejects Consent-By-Registration Rule for Personal Jurisdiction

Jones Day on

Over the last decade, the U.S. Supreme Court has significantly restricted when courts can assert general personal jurisdiction over defendants, i.e., jurisdiction in lawsuits that do not arise out of or relate to the...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds that Communications between Agencies and their Consultants are not Exempt under the Internal,...

Tucker Arensberg, P.C. on

Section 708(b)(10)(i)(A) of the Law, which excepts from the general requirement for disclosure of public records: A record that reflects: The internal, predecisional deliberations of an agency, its members,...more

Ipro Tech

What Time is It? If You’re Starting Discovery for a Case, it’s Time to Pick a Time Zone

Ipro Tech on

I recently covered an interesting case that involved a dispute over whether a discovery request submitted within the deadline in one time zone and received past the deadline in another was considered a timely request. Island,...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to ToolGen's Opposition to CVC's Substantive Preliminary Motion No. 2

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed their Substantive Preliminary Motion No. 2 in Interference No. 106,127 (which...more

Akin Gump Strauss Hauer & Feld LLP

Admission in Specification Dooms Organ Transplant Patents Under § 101

The United States District Court for the District of Delaware recently held that claims covering methods for evaluating organ transplant rejection are invalid under 35 U.S.C. § 101. The patents at issue disclose methods...more

Weber Gallagher Simpson Stapleton Fires &...

Lackawanna County Court Extends Statute of Limitations Expansion of Sexual Abusers to Include their Corporate Employers

The Court of Common Pleas of Lackawanna County in J.C. v. Horizon Medical Corp. recently addressed the issue of the statute of limitations in a civil case against the employer of an alleged sexual abuser. The facts of the...more

McGuireWoods LLP

Court Issues Strange Intangible Work Product Decision

McGuireWoods LLP on

Although the federal work product rule and parallel state work product rules extend only to "documents and tangible things," most courts also protect intangible work product such as oral communications – at least to the...more

Barnea Jaffa Lande & Co.

Class Action Lawsuit

Barnea Jaffa Lande & Co. on

Many class action proceedings end in settlement. The settlement agreement is designed, inter alia, to facilitate an efficient and fair resolution to the proceeding, in a manner that also provides certainty to the parties....more

BakerHostetler

Third Circuit Rejects District Court’s Trial-Before-Certification Plan

BakerHostetler on

Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act (FLSA) opt-in collective claims at the same...more

Akin Gump Strauss Hauer & Feld LLP

Nonparties to PAGA Action Have No Grounds to Intervene or Challenge Judgment

On September 30, 2021, the California Court of Appeal (Second District) issued its decision in Turrieta v. Lyft, Inc., Case No. B304701, which limits the ability of nonparty “aggrieved employees” to challenge a Private...more

Lowenstein Sandler LLP

Delaware’s New Universal Demand-Futility Test

Lowenstein Sandler LLP on

On Sept. 23, the Delaware Supreme Court endorsed a new universal three-part demand-futility test in United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, et...more

Haug Partners LLP

The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?

Haug Partners LLP on

The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in...more

Kilpatrick Townsend & Stockton LLP

What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the...

International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears...more

Rumberger | Kirk

“Judicial Referrals” to Receive Special Treatment

Rumberger | Kirk on

Pending before the Florida Supreme Court is a new rule of discipline which will substantively and procedurally change the way complaints by judges (“judicial referrals”) against attorneys are handled. On May 3, 2021, The...more

Snell & Wilmer

Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction

Snell & Wilmer on

Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration...more

Allen & Overy LLP

Highest labour law court in Germany acknowledges recoverability of internal investigation costs

Allen & Overy LLP on

Companies may recover from their employees the cost of internal investigations conducted by external law firms, according to a decision by the German Federal Labour Court (Bundesarbeitsgericht). However, the court has set out...more

Morris James LLP

Chancery Dismisses Derivative Claims Alleging Insider Trading and Misleading Disclosures for Failure to Plead Demand Futility

Morris James LLP on

In re Zimmer Biomet Hldgs., Inc. Deriv. Litig., C.A. No. 2019-0455-LWW (Del. Ch. Aug. 25, 2021) - Under Court of Chancery Rule 23.1, a stockholder-plaintiff may only bring a derivative suit on behalf of a company if the...more

Pierce Atwood LLP

It’s Time to Clarify When Cross-Appeals Are Necessary

Pierce Atwood LLP on

Much has been said on this blog about when one should cross-appeal, given the Law Court’s jurisprudence on the topic. I most recently addressed the issue here. As I noted then, there is some tension between the text of the...more

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Updated: Apr 27, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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