In Orlando Health, Inc. v. HKS Architects, Inc., 2024 WL 4025379 (M.D. Fl. Sept. 3, 2024), the court denied an unopposed motion to enter a protective order and an unopposed motion to enter an ESI Protocol....more
A recent conversation I had raised a new concern surrounding the use of Generative AI that is worth talking through. Will using Generative AI tools violate obligations surrounding the storage and review of documents...more
Imagine you’re back at school with a box full of Legos. Chances are you had a teacher that insisted on everyone sharing their pieces when playing together. Some kids might need the bigger pieces, she said, while others might...more
Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more
Surf’s Up Legacy Partners, LLC v. Virgin Fest, LLC, C.A. No. 19C-11-92 (Del. Super. June 6, 2022) - Delaware courts generally do not permit the redaction of non-responsive material that is otherwise not privileged....more
In Xyngular Corp. v. Schenkel, a shareholder and director suspected that his colleagues on the board of directors were engaging in improper self-dealing, so he asked an IT department employee to download documents disclosing...more
The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more
An employee is terminated, her laptop and phone seized. As she is escorted from the premises, Human Resources instructs her, in no uncertain terms, about company information: All internal company emails and other business...more
In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more
A recent decision from a New York state court should serve as a warning to parties litigating in New York: if you over-designate documents “Attorneys’ Eyes Only” in discovery, you face the risk of sanctions. The decision was...more
Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law has increased. In turn, the case law concerning Section 220 demands is...more
As an update to our April 1, 2019 Reinsurance Alert, the Third Circuit Court of Appeals recently affirmed the U.S. District Court for the Middle District of Pennsylvania’s holding in Pennsylvania National Mutual Casualty...more
Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more
Seyfarth Synopsis: An employer terminated an employee for secretly searching for confidential documents on her employer’s computer system to use against the employer as part of a discrimination complaint. Massachusetts’...more
On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more
The controversy over Xarelto’s approval by the FDA and alleged irregularities in the conduct of the ROCKET-AF clinical trial continue to hang over the heads of Bayer and Janssen (a division of Johnson & Johnson), the...more
Among the challenges for health care providers facing whistleblower lawsuits is the discovery that a whistleblower has secretly taken the provider’s documents or data. What options are available to the provider? In the recent...more
The law firm Covington & Burling LLP has filed a Freedom of Information Act (FOIA) lawsuit against the CFPB in Washington, D.C. federal district court seeking information relating to the CFPB’s report on, “Consumer Voices on...more
On the heels of an appellate decision providing employees a virtual how-to manual to misuse and exploit confidential employer documents and safely provide them to a competitor, New Jersey's Supreme Court reversed course last...more
On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to...more
1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more
The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more
The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more