News & Analysis as of

Evidence

Combatting Arbitration Inefficiency

by Pepper Hamilton LLP on

“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association....more

5 Steps to Take if You Were Hit by a Drunk Driver

by The Brown Firm on

If you have been involved in a Car Accident and believe it was caused by a Drunk Driver, it is important to know what to do next. When a drunk driver causes an accident to occur, it is not just criminal penalties they...more

Nobody Doesn’t Like Terminating Sanctions for Fabrication of Text Messages: eDiscovery Case Law

by CloudNine on

In Lee v. Trees, Inc., No. 3:15-cv-0165-AC (D. Or. Nov. 6, 2017), Oregon Magistrate Judge John V. Acosta granted the defendants’ motion for terminating sanctions where the plaintiff was found to have manufactured text...more

What’s So Great About a Realtime Feed?

by Planet Depos, LLC on

So, what’s so great about realtime court reporting? A beneficial tool for attorneys, realtime allows counsel to view the proceedings in realtime. Realtime reporting is the instant conversion of the reporter’s stenotype...more

ANDA Your Patent is Not Infringed

In Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, [2017-1560] (February 9, 2018), the Federal Circuit affirmed the district court finding that it did not abuse its discretion in denying Merck’s request for...more

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

Trademarks: Use it or lose it – and prove it!

by Field Law on

You may be surprised to learn that even after your trade-mark is registered, it can be expunged from the Trade-marks Register. One way is through Section 45 of the Trade-marks Act (“Act”). Section 45 of the Act authorizes...more

Polaris Industries, Inc. v. Arctic Cat, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more

Discovery Sanctions Affirmed Despite Dwarfing Potential Value of Entire Case

In Klipsch v. ePRO, the Second Circuit affirmed discovery sanctions commensurate with the costs incurred by the moving party in addressing the sanctionable conduct ($2.68 million), as well as security for the sanctions,...more

Court Vacates $350 Million FCA Jury Verdict under Escobar

by Weiner Brodsky Kider PC on

In an action brought by a relator under the False Claims Act, the U.S. District Court for the Middle District of Florida vacated a $350 million jury verdict, finding that the relator failed to provide proof that either the...more

The PTAB Chats Designs: And Now, for Something Completely Different

by Jones Day on

On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents than...more

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S....more

CFPB’s $287 Million Restitution and Penalties Request Denied

by Weiner Brodsky Kider PC on

The U.S. District Court for the Central District of California recently denied the CFPB’s request for $236 million in restitution and $52 million in penalties against a lender, its president and CEO, and two affiliates...more

Using Computer-Generated Animation and Simulation Evidence at Trial: What You Should Know

by Butler Snow LLP on

The use of computer-generated animations and simulations is on the rise in courtrooms around the country, and for good reason – animations and simulations can greatly increase jurors’ understanding of complex issues, and are...more

2nd Circuit Reinforces Standard of Proof to Rebut Class Certification

When a plaintiff in a securities fraud class action seeks to support a motion for class certification using a presumption of reliance where the stock trades in an efficient market, what burden does a defendant have to rebut...more

Are Defendants Required To Create Datasets to Respond to Discovery Requests in Class Actions?

Discovery disputes in class actions often focus on plaintiffs’ requests for computer data regarding putative class members’ claims, and how far defendants need to go in providing such data. ...more

PTAB Opinion Provides Reminder that Indefiniteness Rejections Must Establish a Prima Facie Case

In a recent USPTO Patent Trial and Appeal Board (PTAB) opinion, the PTAB reversed an Examiner's indefiniteness rejection as the it failed to establish a prima facie case of indefiniteness. InEx Parte Kimura, Appeal No....more

Eighth Circuit Holds "Elaborating" On Reasons For Firing Employees Not Evidence of Pretext in Bias Suits

by DeWitt Law, LLC on

In Rooney v. Rock-Tenn Converting Company, No. 16-3631, 2018 U.S. App. LEXIS 494 (8th Cir. Jan. 9, 2018), the 8th U.S. Circuit Court of Appeals recently clarified that when explaining its reasons for termination during...more

Strategic Implications of Amendments to the Federal Rules of Evidence

by BakerHostetler on

On December 1, 2017, the Federal Rules of Evidence were amended to add new rules addressing the self-authentication of evidence generated by electronic processes or systems [Fed. R. Evid. 902(13)] and self-authentication of...more

Depositions in London: No Lollygagging

by Planet Depos, LLC on

London is a city famed for many things, deservedly so: Big Ben, the Queen, policemen in funny hats, double-decker buses, the Abbey (Westminster or Downton), to name but a few of hundreds. One tidbit about London that requires...more

3 Methods to Help Prove Fault in an Auto Accident Case

by The Brown Firm on

When you are involved in a Motor Vehicle Accident one of the first questions to come up is who was at fault for the collision. The answer to this question will have a huge impact on the person at-fault, and the insurance...more

Understanding eDiscovery in Criminal Cases, Part Five: eDiscovery Best Practices

by CloudNine on

...Of course, not all criminal law electronic discovery matters involve futuristic technologies such as the Echo or embedded web pages. According to US Customs and Border Patrol, approximately one million people enter legally...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In the sole precedential patent case decided this week, Flexuspine v. Globus, the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the...more

Understanding eDiscovery in Criminal Cases, Part Four: eDiscovery Best Practices

by CloudNine on

...88 percent of the US population uses the Internet every day and 91 percent of adults use social media regularly. (See Social Media Evidence in Criminal Proceedings: An Uncertain Frontier from Georgetown Law here). So, it...more

DOJ: Seek Data from the Business Enterprise, Not Its Cloud Provider

Where does the U.S. Department of Justice (DOJ) turn when it needs business enterprise data stored on the cloud for a criminal investigation? According to a recent DOJ memo, the default rule is now turn to the business...more

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Cybersecurity

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