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Frantz Ward LLP

Don’t Forget the Damages

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During litigation, it’s easy to focus on the merits without addressing how much you are seeking to recover. Sometimes a party is so focused on fault that they disregard the obligation to prove the extent of damages with...more

Cooley LLP

Protecting Grand Jury Materials From FOIA: Lessons From the Ninth Circuit’s Kalbers Decision

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The US Court of Appeals for the Ninth Circuit’s recent decision in Kalbers v. DOJ confirms that documents produced solely in response to a grand jury subpoena are protected from disclosure under the Freedom of Information Act...more

McDermott Will & Schulte

Case exterminated too soon: DTSA and CFAA claims survive

The US Court of Appeals for the Tenth Circuit partially reversed and partially affirmed a series of district court rulings arising from alleged corporate espionage between competitors in the pest control industry....more

Seyfarth Shaw LLP

The Authority Conundrum: D.C. Circuit May Weigh in on Agent Authority Under the Foreign Sovereign Immunities Act

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We’ve previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country’s immunity from suit under the U.S. Foreign Sovereign Immunities Act or “FSIA”. Briefly, in...more

Conyers

BVI Litigation 2025 Reflection (Part 2) – Directors’ Inspection Rights after Intimere v Papanikolaou

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On 4 June 2025, the BVI Court of Appeal dismissed an appeal in Intimere Holdings Ltd & Hellicorp Investments Ltd v Katina Papanikolaou (BVIHCMAP2022/0031), confirming that a director’s right under section 100(1) of the BVI...more

Cole Schotz

Court Clarifies Statute of Limitations and Scope of Discovery in New Jersey Pay Equity Suit, Highlighting Importance of Conducting...

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In Affrunti v. Reed Smith LLP, Sherri A. Affrunti (“Affrunti” or “Plaintiff”), a former non-equity partner, brought suit alleging violations of the New Jersey Diane B. Allen Equal Pay Act (the “Equal Pay Act”). The Mercer...more

Carlton Fields

Florida Appeals Court Decisions Week of January 19 - 23, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Jones - rehearing, drug trafficking, evidence, closing arguments, misconduct, Miranda - Renco v. Napoli Shkolnik - § 1782 discovery, protective order, foreign activities...more

Proskauer - California Employment Law

Employer Waived Arbitration by Litigating in Court For More Than Four Years

For more than four years, Sierra Pacific defended against this wage and hour class action, “remaining silent on the subject of arbitration and refusing to produce arbitration agreements signed by putative class members,...more

Seyfarth Shaw LLP

Mass. Appeals Court: State Agency Entitled to Mass. Equal Pay Act Affirmative Defense

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In an appeal from the first decision to apply the affirmative defense of the Massachusetts Equal Pay Act (“MEPA”), the Massachusetts Appeals Court agreed with the Superior Court that a state agency established the MEPA...more

Cooley LLP

Disclosure: How the English Courts Balance Comity, Risk of Foreign Sanctions and the Fair Disposal of Proceedings

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The Court of Appeal’s judgement in Various Claimants v. Standard Chartered plc is a significant decision on whether an English court may compel disclosure of documents that are confidential under foreign regulatory regimes –...more

Ervin Cohen & Jessup LLP

Playing the Long Game: How an Employer's Litigation Strategy Waived the Right to Arbitration

The recent decision in Sierra Pacific Industries Wage and Hour Cases by the California Court of Appeal for the Third District is a significant warning for employers regarding the waiver of the right to compel arbitration in...more

Harris Beach Murtha

New York Appellate Court Approves Discovery into Litigation Funding

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In Lituma v. Liberty Coca-Cola Beverages LLC, New York’s Appellate Division, First Department affirmed the trial court’s decision to vacate note of issue and order further discovery into plaintiffs’ third-party litigation...more

Esquire Deposition Solutions, LLC

Our View: Careful Digital Reporting Is Clearly Lawful in Texas

Earlier this year a trial court in Montgomery County, Texas, excluded from evidence a non-stenographic deposition transcript in a civil case pending in that court.  In response to this order, opponents of non-stenographic...more

Benesch

Using the Funnel - Folgers’ Decision Key To Avoiding Certified False-Advertising Classes

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Just before Thanksgiving, the Eighth Circuit reversed a district court’s decision that certified a Missouri class of consumers that purchased Folgers’ coffee products. The proposed class alleged that Folgers misled them...more

Marshall Dennehey

Precedent Established: New York Appellate Division Grants Discovery of Third-Party Litigation Funding

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Key Points: The Appellate Division, First Department, affirmed that defendants may obtain discovery of third-party litigation funding agreements, breaking with prior public policy protections....more

Maynard Nexsen

Alabama Supreme Court Appellate Alert Decision from November 26, 2025

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The Alabama Supreme Court issued its weekly release list on Wednesday, November 26, which included two opinions of interest to the Alabama business community...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Refuses to Apply California’s “Reasonable Particularity” Requirement to Claims Under the Defend Trade Secrets Act

The Ninth Circuit’s recent decision in Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc. underscores an important distinction in trade secret law between California’s Uniform Trade Secrets Act (“CUTSA”) [Cal. Civ. Code, §§...more

Berkshire

New Jersey Case is a Reminder of the Importance of Regular Pay Audits

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Employers in New Jersey should take note of a recent state superior court appellate division ruling that expanded the scope of an employee’s wage discrimination claim under the Diane B. Allen Equal Pay Act, including allowing...more

Marshall Dennehey

Winning Streak Continues: Major Appellate Decision in DEP-Linked Malpractice Suit

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Jack and Jeremy received their third successful Appellate Division decision within 30 days in a complex legal malpractice action. Frank Castella v. Gerald Lepis was a major case against an attorney arising out of an...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Unlike CUTSA, DTSA Does Not Require a Plaintiff to Identify Their Trade Secrets With Particularity from the Start

The Ninth Circuit recently reversed a district court’s decision to strike a plaintiff’s trade secret claims under the Defend Trade Secrets Act (DTSA) at the discovery stage. In doing so, the Ninth Circuit made clear that...more

McGuireWoods LLP

Sixth Circuit Reaffirms Privilege and Work Product Principles for High-Stakes Internal Investigations

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On Oct. 3, 2025, the U.S. Court of Appeals for the Sixth Circuit granted a writ of mandamus, vacating a district court order compelling FirstEnergy Corp. to produce internal investigation documents protected by...more

Epstein Becker & Green

Eleventh Circuit Allows Qui Tam Relators to Avoid Complaint Dismissal by Using Information Obtained in Discovery

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The U.S. Court of Appeals for the Eleventh Circuit held in United States ex rel. Sedona Partners LLC v. Able Moving and Storage Inc., No. 22-13340 (11th Cir. Jul. 25, 2025), that while a district court has the discretion to...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Sets Clear Standards for Privilege and Work-Product Protection in Internal Investigations

A recent Sixth Circuit decision, In re: FirstEnergy Corp., provides essential guidance on protecting privileged materials and work product for companies conducting internal investigations in response to regulatory or...more

Marshall Dennehey

Appearance of Impropriety by Arbitrator Insufficient to Vacate Arbitrator’s Award

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Shannon v. Weis Markets, Inc. Store #173, 2025 WL 2653892 (Filed September 16, 2025) - This York County matter concerned the plaintiff’s claim that Weis Markets was liable for her slip-and-fall and her injuries resulting...more

Marshall Dennehey

Superior Court Affirms Defense Verdict, No Adverse Spoliation Inference Where Lost Video Did Not Capture Incident or Contain...

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Conklin v. Wawa, 2025 WL 2237319 (Pa. Super. 2025) - The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store. After the incident, a store employee reviewed surveillance footage from the...more

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