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EDRM - Electronic Discovery Reference Model

November’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 4, 2024, and EDRM is grateful to Tom Paskowitz of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the author.]...more

EDRM - Electronic Discovery Reference Model

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

In Reddick v. State, __ Md. App __, 2024 WL 4633506 (Apls. Ct. Md. Oct. 31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was...more

Miles & Stockbridge P.C.

Federal Circuit to Revisit Percipient.ai Decision in En Banc Hearing

The Court of Appeals for the Federal Circuit last month granted the Government’s petition for rehearing en banc of the precedent-setting decision in Percipient.ai, Inc. v. United States. ...more

Holland & Knight LLP

Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

Holland & Knight LLP on

Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

McDermott Will & Emery

Time’s Up: Fifth Circuit Reinstates Original Judgment in Trademark Dispute

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit vacated a district court’s amended final judgment and reinstated its prior final judgment, finding that the district court overstepped its narrow mandate on remand, directly...more

McDermott Will & Emery

Battle of the Bay: It’s Oakland Airport, Not San Francisco Bay Oakland International Airport

McDermott Will & Emery on

The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San Francisco Bay Oakland...more

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

Ghostly Misstep: No Confusion Means No Preliminary Injunction

McDermott Will & Emery on

In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more

Goldberg Segalla

Court Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff

Goldberg Segalla on

Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in...more

Fox Rothschild LLP

Auto Dealers Face Deadline to Submit Claims in $129.5 Million Class Action Settlement

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U.S. auto dealers have until Jan. 9, 2025 to submit a claim in the recent $129.5 million class action lawsuit settled by CDK Global, LLC (CDK) and The Reynolds and Reynolds Company (Reynolds). The deadline to object to the...more

McGlinchey Stafford

Litigation Byte (November Edition)

McGlinchey Stafford on

A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2024

Key Points - - During its 2024 term, the U.S. Supreme Court is poised to provide important guidance on the Private Securities Litigation Reform Act’s (PSLRA’s) particularity requirement in NVIDIA Corp. v. E. Ohman J:or...more

Sands Anderson PC

Enforcement of the CTA Under a Nationwide Preliminary Injunction  – Enforcement of Reporting Deadlines Put on Hold

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In a significant development, the U.S. District Court for the Eastern District of Texas has issued a preliminary injunction halting enforcement of the Corporate Transparency Act (CTA). This decision not only delays the CTA’s...more

Bennett Jones LLP

Ontario Court of Appeal Holds That a Claim is Limitations-Barred for an Entire Class

Bennett Jones LLP on

In Fehr v Sun Life Assurance Company of Canada, 2024 ONCA 847 (Fehr), the Ontario Court of Appeal dismissed the representative plaintiffs’ appeal seeking post-certification leave to amend their statement of claim and to...more

Allen Matkins

What If A Creditor Refuses To Just Take The Money?

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When a California corporation has been completely wound up without court proceedings, a majority of the directors then in office must sign and verify a Certificate of Dissolution which must be filed with the California...more

Amundsen Davis LLC

Enforcement of the Corporate Transparency Act Suspended by Federal Court’s Preliminary Injunction

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On December 3, 2024, in the case of Texas Top Cop Shop v. Garland, the U.S. District Court of Texas issued a nationwide preliminary injunction of the Corporate Transparency Act (CTA), which prevents the enforcement of the...more

McGlinchey Stafford

Now What? – Texas Court Nationally Enjoins Corporate Transparency Act as “Likely Unconstitutional”

McGlinchey Stafford on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas entered into a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and compliance with the...more

Rivkin Radler LLP

Upset in the 11th Hour: Corporate Transparency Act Halted, for Now

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The Corporate Transparency Act (“the CTA”), a law enacted by Congress requiring certain business entities to disclose beneficial ownership information (a “BOI Report”) to FinCEN, went into effect on January 1, 2024, and...more

Constangy, Brooks, Smith & Prophete, LLP

"Tighty whitey" case has 4 good lessons about workplace retaliation

You can't make this stuff up. I hope everybody had a good Thanksgiving. A federal judge just down the road from me ruled this week that a woman’s retaliation case should go to a jury, even though her sexual harassment...more

Procopio, Cory, Hargreaves & Savitch LLP

CTA UPDATE: Federal Court Blocks Reporting Requirements Under the Corporate Transparency Act

A federal judge in Texas has issued a nationwide injunction temporarily halting the implementation of the Corporate Transparency Act (“CTA”), preventing U.S. businesses from being required to disclose their beneficial...more

Ropes & Gray LLP

Unwrapping 2024’s Key Trends in Data Privacy Litigation

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Data breaches made headlines throughout 2024, affecting governments, health care groups, and telecoms. Follow-on litigation has kept pace. Nearly 4,000 class actions involving data privacy issues are estimated to be filed in...more

McGlinchey Stafford

FCRA Claims Survive Dismissal Over Challenges to Standing and Statute of Limitations

McGlinchey Stafford on

A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the Fair Credit Reporting Act (FCRA). Rejecting a challenge to a plaintiff’s...more

Vinson & Elkins LLP

Texas Federal District Court Issues a Nationwide Preliminary Injunction Against Enforcement of the Corporate Transparency Act

Vinson & Elkins LLP on

On Tuesday, December 3, 2024, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a memorandum opinion and order granting a nationwide preliminary injunction against the Corporate...more

Whiteford

Client Alert: Federal Court Grants Nationwide Preliminary Injunction Against Corporate Transparency Act

Whiteford on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas, Texas Top Cop Shop, Inc. v. Merrick Garland (Civil Action No. 4:24-CV-478), issued a memorandum opinion and order granting a nationwide...more

Levenfeld Pearlstein, LLC

Texas Federal Court Temporarily Blocks Corporate Transparency Act Nationwide

On Tuesday, December 3, a Texas federal district court granted a nationwide preliminary injunction precluding FinCEN from enforcing the Corporate Transparency Act (CTA) and its implementing regulations. The CTA, which took...more

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