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Nextpoint, Inc.

Understanding Ediscovery: A Primer On ESI Protocols

Nextpoint, Inc. on

If you were to ask most attorneys to describe the process of discovery, they may tell you it is a necessary facet of any case that tends to bring on quite the headache (actually, they might just tell you it’s a total pain)...more

Goldberg Segalla

Evidence Preservation: Handling the Issues in New York and New Jersey

Goldberg Segalla on

In New York and New Jersey, parties have certain duties to ensure preservation of evidence. Join Goldberg Segalla’s Rosa D. Forrester and Aaron M. VanNostrand for a discussion of when those duties are triggered, how to...more

Cozen O'Connor

Federal Court Standing Decision May Spark Trend In Consumer Protection Action Filings In State Court

Cozen O'Connor on

The U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins was a game-changer. That decision single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute such as the Fair Credit...more

Cozen O'Connor

Democratic AGs Align Against Texas Abortion Law

Cozen O'Connor on

Democratic AGs from 20 states and the District of Columbia, led by California AG Rob Bonta, filed an amicus brief in the U.S. District Court for the Western District of Texas in support of the plaintiffs’ motion for...more

Jackson Lewis P.C.

FLSA Retaliation Provisions Protect Anticipated Collective Action Members, Third Circuit Holds

Jackson Lewis P.C. on

Does a plaintiff’s allegation, that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class...more

Foley & Lardner LLP

Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model

Foley & Lardner LLP on

In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it...more

Adler Pollock & Sheehan P.C.

Making an Offer That They (Perhaps Shouldn’t) Refuse: A Closer Look at Offers of Judgment Under Rule 68

Rule 68 has a reputation of being “among the most enigmatic” and “underutilized” of  the Federal Rules of Civil Procedure.  An attorney’s failure to understand and effectively use Rule 68 could be costly.  ...more

Guidepost Solutions LLC

Enhanced Due Diligence on Potential Clients is Increasing in Importance for Law Firms

Regulatory trends and high-profile investigations suggest that law firms should conduct enhanced due diligence background checks on all potential clients as part of standard risk management and compliance protocols.   ...more

Schnader Harrison Segal & Lewis LLP

Pennsylvania Federal Court Denies Request for Witnesses to Testify Remotely at Trial Because the COVID-19 Pandemic Was No Longer...

The U.S. District Court for the Western District of Pennsylvania recently denied a motion in limine seeking to permit live testimony by video at a jury trial. The plaintiffs requested permission for 11 witnesses to be able to...more

Paul Hastings LLP

Tax Avoidance or Not: Restructuring of Multinational Group Companies with use of Intra-group Loan — Deductibility of Interest...

Paul Hastings LLP on

Transactions within a corporate group can sometimes achieve reduction of tax obligations, regardless of whether or how much such result was intended. One typical way observed is to extend an international intra-group loan by...more

Wiley Rein LLP

Excess Insurer Cannot Challenge Payments by Underlying Carriers

Wiley Rein LLP on

A North Carolina federal court, applying North Carolina law, has held that an excess insurer may not challenge payments made by underlying carriers. The insured university faced separate lawsuits by two faculty members...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

Wiley Rein LLP

Exchange Offer Constitutes “an Offer to . . . Sell any Securities” of Insured Triggering Coverage for “Securities Claims”

Wiley Rein LLP on

The U.S. District Court for the District of New Jersey, applying New Jersey law, has held that a lawsuit brought by a target company’s shareholders against an insured after a failed acquisition that involved a stock exchange...more

McGuireWoods LLP

Courts Apply The "Intensely Practical" Work Product Doctrine: Part I

McGuireWoods LLP on

The work product doctrine has been described by many courts as "intensely practical." Several decisions highlight this understandable adjective, and explicitly provide useful guidance for lawyers representing litigants and...more

Kilpatrick Townsend & Stockton LLP

Sixth Circuit grants Rule 23(f) interlocutory review in one of the largest class actions ever

Takeaway:  In the U.S. Supreme Court’s seminal decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 342 (2011), the court described a class consisting of 1.5 million class members as “one of the most expansive” classes...more

Lighthouse

The Disclosure Pilot Scheme Is Here to Stay: What That Means for Your Practice

Lighthouse on

On July 15, 2022, the mandatory Disclosure Pilot Scheme (PD51U) was officially approved and will operate on a permanent basis within the Business and Property Courts (BP&C) of England and Wales. Originally implemented in 2019...more

Schnader Harrison Segal & Lewis LLP

Florida Rejects Exercise of Specific Personal Jurisdiction over Out-of-State Helicopter Manufacturer under State Long Arm Statute...

The Florida Second District Court of Appeal recently reversed a trial court’s determination that it had jurisdiction over Robinson Helicopter Company (“Robinson”), a California corporation with its only place of business in...more

ArentFox Schiff

Mere Puffery vs False Advertising: Recent Trends

ArentFox Schiff on

Free-range hens, sustainably sourced, and 100% Parmesan Cheese: At first glance, these phrases are indistinguishable from the countless marketing consumers encounter on a daily basis. However, in courts across the country,...more

Saul Ewing Arnstein & Lehr LLP

Repeated Discovery Failures Can Lead to the Ultimate Sanction of a Default Judgment

It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more...more

Cole Schotz

Important Supreme Court Decision will Decide how Non-Willful FBAR Penalties are Calculated

Cole Schotz on

This fall, the Supreme Court is set to hear an important case regarding the interpretation of the law that provides for penalties for failing to file an FBAR. The case will impact many taxpayers who have already been...more

Wiley Rein LLP

Irreconcilable “Other Insurance” Clauses Result in Pro Rata Allocation of Defense Costs

Wiley Rein LLP on

The United States District Court for the Eastern District of Michigan, applying Michigan law, has held that irreconcilable “other insurance” provisions in two polices, each with a concurrent duty to defend, cannot be given...more

King & Spalding

Delaware Chancery Court Decision Dismissing Claims Against SolarWinds Corporation's Board Illuminates Contours of Director...

King & Spalding on

The Delaware Chancery Court’s recent opinion in Construction Industry Laborers Pension Fund et al. v. Bingle et al., C.A. No. 2021-0494-SG (Del. Ch.) dismissing claims asserted against members of SolarWinds Corporation’s...more

Pullman & Comley, LLC

I Missed the Appeal Period. What Do I Do? Filing a Late Appeal

Pullman & Comley, LLC on

Sometimes due to factors out of our control, we are faced with having to file an appeal from a final judgment after the appeal period has already passed. Is this allowed? Sometimes. Is all hope lost? Not necessarily. Here are...more

Butler Weihmuller Katz Craig LLP

To Remand or Not to Remand, That Is the Question

​​​​​​​Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more

Dentons

Road to nowhere – frustrated residents back WestConnex class action

Dentons on

Residents whose homes and properties have been damaged by construction of Sydney’s mammoth WestConnex motorway say they’ve had enough as they look to back legal action against the $16 billion project....more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

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Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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