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Litigation Strategies Counterclaims

Holland & Hart - Your Trial Message

Call Out Minimized Burdens

At a recent jury selection, opposing counsel — the plaintiff in that case — stepped up to the box of prospective jurors holding two unopened reams of paper. I knew what was coming: If the weight of evidence is completely...more

Epstein Becker & Green

Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast

Epstein Becker & Green on

Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as...more

Houston Harbaugh, P.C.

Depp v. Heard: Litigation Strategy

Houston Harbaugh, P.C. on

This week marks the culmination of Depp v. Heard, the high-profile civil trial in Fairfax County, Virginia. In addition to celebrity intrigue, the trial has provided a useful demonstration of litigation strategy, with themes...more

Farrell Fritz, P.C.

Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!

Farrell Fritz, P.C. on

Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court.  For example, causes of action for money damages, such as tort claims, contract...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

Farrell Fritz, P.C. on

As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Ward and Smith, P.A.

How to Write an Effective SBA Litigation Plan

Ward and Smith, P.A. on

When an SBA loan goes into default, the SBA requires a lender to commence litigation when the lender concludes that (1) defensive action is necessary to protect the collateral or ability to collect from the obligor or (2)...more

Littler

Puerto Rico Supreme Court Holds Act 2’s Counterclaim Bar Does Not Preclude Employer’s Independent Suit

Littler on

Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico. Among other ways to streamline the process, Act 2 bars the employer from filing a...more

Brooks Pierce

NC Business Court Steps Into Uncharted Territory On Advancement And Indemnification For Corporate Officers

Brooks Pierce on

Judge Robinson boldly went where no North Carolina Judge writing published Opinions had gone before last month in the case of Wheeler v. Wheeler, 2018NCBC117. The subject was a corporate officer’s right to the advancement of...more

Jones Day

Have Cake, Eat Cake: Declaratory Judgment Strategy For Accused Infringers

Jones Day on

The AIA prohibits institution of a post-grant proceeding when the petitioner previously “filed a civil action challenging the validity of a claim of the patent.” 35 U.S.C. § 315(a)(1). PGR petitions (including CBM petitions)...more

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