Podcast - Walking Tall
Bar Exam Toolbox Podcast Episode 317: Spotlight on Torts (Part 2 – Intentional Torts)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Podcast - The Seeds of Corruption
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Key Discovery Points: BYOD Case Law Covering Subpoenas and Employee Handbooks
Feeling Disillusioned with AI? You’re Not Alone
Current Regulatory, Legislative, and Litigation Developments on ADA Website Accessibility for Consumer Finance Digital Platforms — The Consumer Finance Podcast
Key Discovery Points: Petty Finger Pointing Over Search Terms Results in Wasted Time
The Trend of Threatening Physicians for Personal Gain
Podcast - Seek Out Feedback
The Three C’s for Addressing Prior Inconsistent Statements
Podcast - Part II: Being an Expert Is a Lonely Business
Understanding Discovery in Commercial Litigation
Follow the Rules … Most of the Time
Bar Exam Toolbox Podcast Episode 313: Spotlight on Criminal Law (Part 3)
Divorce Fees: When Your Spouse Might Have to Pay
Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
Podcast - Part I: Being an Expert Is a Lonely Business
Notwithstanding recent political turmoil, Korean companies have been expanding into the United States at a fast clip, continuing a trend of investment beneficial to businesses in both countries. As Korean brands increasingly...more
In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful...more
SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more
The Colorado Court of Appeals recently issued an important ruling in Sebastian Holdings, Inc. v. Johansson that clarifies when courts can authorize substituted service of process for foreign litigation under the Hague Service...more
The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
When a business is served with a state court action, the first reaction is often to consider whether the action can be removed to federal court based on diversity. But for businesses doing work for the federal government...more
On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more
When bankruptcy courts and state courts vie for authority in complex financial disputes, the outcome can reshape recoveries for creditors, investors, and businesses. This tension was front and center in Silverman v....more
In 2019, Congress enacted the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which created jurisdiction over the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for...more
The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more
When can a Texas court rule on New Mexico property disputes? The answer hinges on whether the property interest is 'central' or just 'incidental' to the real fight....more
In recent years, public interest organizations have increasingly turned to the District of Columbia’s Consumer Protection Procedures Act (CPPA) to bring legal challenges against companies over their public environmental and...more
When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more
On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more
Reality television fans are familiar with the trappings of the celebrity lifestyle: jet-setting from home to home, enjoying luxury retail, and traveling in private planes and yachts, all while posting it on social media. Even...more
“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more
The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more
Interesting little case for you folks today. Any time you are in a TCPA class action that involves multiple parties– such as when a lead seller makes calls and then transfers the calls to a buyer who is subsequently sued– the...more
To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...more
In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to...more
Despite recent fluctuations in trade policy in the US, companies engaged in international shipping find US courts are increasingly familiar territory. But when a foreign shipping company is sued in the US, how that company is...more
It seems like every few months I hear about a situation where a company can’t enforce a forum selection clause as anticipated because of how it was drafted. Recently, an individual named Sidharth Lakhani fell victim to this...more
On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more
You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east. Prior to the commencement of your enforcement journey, perhaps you...more