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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Foreign Cloud-Based Service Providers May Be Subject to Personal Jurisdiction in the United States

Following a recent U.S. district court’s ruling, foreign companies operating cloud-based services may find themselves subject to federal long-arm jurisdiction under the Federal Rules of Civil Procedure 4(k)(2), even if they...more

Defending The Business-To-Business Data Breach Lawsuit

by Ellis & Winters LLP on

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose...more

Pennsylvania Supreme Court Declares Dollar-Based NOL Cap Unconstitutional

by Ballard Spahr LLP on

In a unanimous decision in Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth, the Pennsylvania Supreme Court affirmed the Commonwealth Court's holding that Pennsylvania's dollar-based cap on corporate net income...more

Millennium Lab Part II: Delaware Bankruptcy Court Dispels Shadow Over Non-Consensual Third-Party Releases (For Now)

by Dechert LLP on

In trotting a path out of Chapter 11, debtors in most cases will need to engage various key stakeholders, some of whom are not entitled to a distribution in the bankruptcy. As a form of remuneration, non-debtors may insist on...more

Food & Beverage Litigation Update | October 2017 #3

by Shook, Hardy & Bacon L.L.P. on

FDA Warns Snyder’s-Lance About Iron Content Labels - The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter...more

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

The Supreme Court - October 2, 2017

by Dorsey & Whitney LLP on

On Thursday, September 28, 2017, the Supreme Court granted certiorari in the following cases: Janus v. American Federation, No. 16-1466: Should Abood v. Detroit Board of Education, 431 U.S. 209 (1977), which held that it...more

South Dakota Nexus Law Held Invalid in Violation of Quill

by Varnum LLP on

Like many states, South Dakota recently enacted an aggressive sales and use tax nexus statute requiring certain out-of-state retailers with no physical presence in South Dakota to collect and remit tax on sales made to South...more

SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more

PTAB Denies Institution of CBM Review for Lack of Standing in view of Covenant Not to Sue

by Knobbe Martens on

The PTAB denied institution of Covered Business Method (CBM) Review, finding that the parties’ license agreement and covenant not to sue removed any “imminent” threat of an infringement suit. MasterCard International Inc., v....more

Recent Decision Highlights Viability of Factual Challenges to Standing in Data Breach Cases

by Ropes & Gray LLP on

Private civil actions against companies that have suffered data security breaches raise a panoply of issues, but none more prevalent or decisive than those relating to injury and damages. This is because most plaintiffs in...more

Buyer Beware: Make Sure Your Copyright Assignment Is Valid

by Payne & Fears on

You are in negotiations with a copyright owner to obtain a license to her work, which you want to publish, distribute, and/or license yourself. You want to ensure that you have the right to enforce the copyright against...more

5th Circuit Hints SEC ALJs Unconstitutional

by Burr & Forman on

In an Opinion highlighting the Circuit split over the constitutionality of SEC administrative law judges (“ALJs”), the Fifth Circuit recently stayed an FDIC civil-penalty and bar order against a Bank director, pending...more

Procedurally Non-Protestable Issues (Post-Award Protest Primer #7)

Before diving into the various protest grounds that may result in a sustained protest at the GAO, let’s look at some sure losers. These are issues that are not protestable and would likely result in a quick dismissal. This...more

Ninth Circuit Again Finds Article III Standing in Spokeo: The Injury Was Particularized in Round One, and It’s Concrete in Round...

by BakerHostetler on

The Spokeo saga continues. As our sister blog, the Data Privacy Monitor, the United States Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1550 (2016) (Spokeo II) vacated and remanded a Ninth...more

Delaware’s Escheats Law Faces Due Process Challenge

by Alston & Bird on

In 2015, following Delaware’s commencement of an unclaimed property audit of Plains All American Pipeline, that holder initiated a lawsuit in the U.S. District Court for the District of Delaware seeking declaratory judgment...more

In Data Breach Lawsuit, Mere Risk of Identity Theft is Enough to Stand On

As the frequency of data breach incidents increases at a record pace, courts are becoming less reluctant to open the floodgates and allow consumers to bring data breach lawsuits. In its recent Attias v. CareFirst, Inc....more

TCPA Tracker - August 2017

by Kelley Drye & Warren LLP on

Recent News - FCC Imposes Potential Liability on Technology Platforms for Involvement in Unlawful Robocalls - On July 26, 2017, the FCC released the text of the Forfeiture Order adopted at the Commission’s July 2017...more

License to Sue? Court Rules That a Motor Vehicle Dealer Does Not Need a Dealer’s License to Bring a Statutory Claim for...

by Mulcahy LLP on

California’s motor vehicle code allows dealers to bring suit against manufacturers for terminating the dealer without good cause. See California Vehicle Code §§ 11713.3, 3060, 3061 and 3066. As currently written, the...more

Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims

by McDermott Will & Emery on

In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of...more

Court Upholds Stockholder's Share Ownership and Books-and-Records Request

by Morris James LLP on

Companies often defend against stockholder requests to inspect books and records by contending that the plaintiff stockholder lacks a proper purpose or that his or her stated purpose is not the real purpose. Less common is a...more

The Supreme Court Gets “Specific” on Jurisdiction

by Cozen O'Connor on

For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more

How Employers Can Avoid California Labor Code Section 925

by Nilan Johnson Lewis PA on

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With...more

Interesting and Useful Cases in Torts and Insurance - April 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Both Sides Equal Under the First Amendment

by Reed Smith on

There’s a problem with attorney advertising in the prescription medical product space – but it’s not the one you normally hear us defense-side litigators kvetching about. Quite apart from its litigation-generating effects,...more

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