News & Analysis as of

Evidence

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

by Rumberger Kirk & Caldwell on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Court Refuses to Certify Canadian Price-Fixing Case

by Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewart v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Finjan, Inc. v. Blue Coat Systems, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Linn, and Hughes. Appeal from the Northern District of California. Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method,...more

Report Finds European Union's Assessment of High-Risk Medical Devices of Low Quality

by Knobbe Martens on

A report appearing in the December 2017 issue of Value in Health, (a journal of the International Society for Pharmacoeconomics and Outcomes Research) concluded that assessments of high-risk medical devices in the European...more

2017 eDiscovery Case Law Year in Review, Part 3

by CloudNine on

...Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Here are three cases related to rulings regarding possession, custody and control of ESI, including one that relates...more

Hey, You, Get Off Of My Cloud – New DOJ Approach To Remote Data Storage

by Bracewell LLP on

Last month, the Department of Justice’s Computer Crime and Intellectual Property Section, Criminal Division (“CCIPS”) issued new guidance advising prosecutors seeking enterprise customer data stored “in the cloud” to attempt...more

Federal Circuit Review - December 2017

by Knobbe Martens on

Claims Directed to Methods for Streaming Audiovisual Data Held Unpatentable Under § 101 - In Two-Way Media Ltd v. Comcast Cable Communications, Appeal Nos. 2016-2531, 2016-2532, the Federal Circuit affirmed the district...more

Court of Appeal Explains Parol Evidence Rule

by Allen Matkins on

Today, I am picking up on my discussion of Kanno v. Marwit Capital, No. G052348, 2017 Cal. App. LEXIS 1150 (Ct. App. Dec. 22, 2017) in this post from last week and last year. Kanno involved the application of the parol...more

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

by Pierce Atwood LLP on

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

In the Cloud: DOJ Issues New Guidance for Collecting Stored Data

The Justice Department is changing its approach to collecting data stored in the cloud. That’s the upshot of new DOJ guidance for criminal investigations issued late last month. The guidance, from the DOJ’s Computer Crime...more

Second Circuit Remands for New Trial Based on District Court’s Improper Exclusion of Advice-of-Counsel Testimony

In United States v. Scully, 16-3073-cr (Pooler, Lynch, Cogan[1]), the Second Circuit vacated the defendant’s conviction for various offenses, including mail and wire fraud, conspiracy to defraud the United States, the sale of...more

Utah Supreme Court Clarifies Administrative Agencies’ Fact Finding Duty and the Standard of Review for Administrative Appeals

by Snell & Wilmer on

In McElhaney v. City of Moab, 2017 UT 65, —- P.3d —-, the Utah Supreme Court held that an adjudicative land use decision, and likely all administrative decisions subject to substantial evidence review on appeal, must include...more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

by Ward and Smith, P.A. on

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

Putative Class Member’s Spoliation Of Evidence Disqualifies Him As A Class Representative

by Carlton Fields on

A district court recently disqualified a plaintiff from acting as a class representative because his spoliation of evidence rendered him an atypical class member. The plaintiffs allege that casting sand used in creating Jeep...more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

by Rumberger Kirk & Caldwell on

The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

Second Circuit Vacates Conviction of Pharmaceutical Distributor on Advice-of-Counsel Defense

by Farrell Fritz, P.C. on

Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on misbranding charges due to evidentiary issues surrounding his advice-of-counsel defense at trial....more

An Employer’s Guide to Litigation Holds

by Akerman LLP - HR Defense on

Employers have a duty to preserve information that is potentially relevant to anticipated or existing litigation and failure to comply with that duty can have dire consequences. As such, issuing a litigation hold should be at...more

Delaware Court of Chancery Rejects Lawyer-Driven Stockholder Books and Records Demand in Wilkinson v. Schulman

by Polsinelli on

Stockholder books and records demands are investigatory tools that often are a prelude to litigation directed at corporate fiduciaries. In rejecting a stockholder books and records demand, the Delaware Court of Chancery...more

[Event] 2018 Corporate E-Discovery Hero Awards - January 29th, New York, NY

by Zapproved LLC on

The 2nd Annual Corporate E-Discovery Hero Awards continues to honor high achievers in corporate legal preservation and litigation response. Be a part of the experience and join us in honoring some of the shining heroes in the...more

Jury Verdict Overturned in Pepcid® Dispute After Court Finds Insufficient Evidence of Infringement

Last year, a jury awarded Brigham and Women’s Hospital (“BWH”) approximately $10 million after it found that defendant Perrigo Company’s (“Perrigo”) generic version of Pepcid® Complete® willfully infringed BWH’s patent. After...more

Your International Deposition Checklist (Updated 2017)

by Planet Depos, LLC on

For paralegals and their attorneys, a checklist for international depositions is an especially useful tool, as for many, international depositions are not an everyday occurrence. The checklist helps keep the scheduling...more

White-Collar Motive, Gun Crazy Movie

In 1950, producers Frank and Maurice King released Gun Crazy, a sometimes surreal Bonnie-and-Clyde story with an introverted, pacifist gun lover (Barton Tare, played by John Dall) and an English femme fatale sharpshooter...more

How Employers Can Become Experts at Data Breaches: Preserving the evidence of a breach

by Bryan Cave on

The immediate reaction of many organizations when they discover that a system may be infected with a virus or malware is to remove, erase, and rebuild the potentially infected system as quickly as possible in an effort to...more

Top 3 Reasons Why a Lawyer would turn down your Personal Injury Case

by The Brown Firm on

If you were involved in an accident, and believe it was caused by someone else's negligence, you may be wondering if you have grounds to file a Personal Injury Lawsuit.  Personal Injury Lawsuits are legal disputes that happen...more

New Rules Tackle Authentication of Electronic Data

On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more

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