Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
Episode 322 -- Checking in on Caremark Cases
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Podcast: The Briefing by the IP Law Blog - The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The Briefing by the IP Law Blog: The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
The Briefing by the IP Law Blog: Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Anatomy of a Successful Motion to Dismiss in RICO Case
A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Case Involving Burger King Employee Spitting in Officer’s Burger Goes Before WA Supreme Court
In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more
Recent developments in the Court of Chancery concerning a corporate board’s duty to monitor and provide oversight over a corporation’s operations, so-called Caremark claims, are likely to intersect with the Securities and...more
In a typical qui tam case, the sequence and life cycle follow a similar trajectory. The relator files a sealed qui tam complaint in a federal courthouse in the United States. While COVID has disrupted litigation, particularly...more
The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...more
State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued...more
I could not resist writing about a new case that mentions electronic discovery (yes, I have a standing Lexis search), not because it creates any kind of great precedent or anything, but because it involves one of my all-time...more
In Continental Automotive Systems, Inc. v. Nokia Corporation, the Court of Chancery confirmed that, “absent special circumstances, discovery will be stayed pending determination of a motion to dismiss the complaint where the...more
Rarely do civil Racketeer Influenced and Corrupt Organization Act (RICO) claims get dismissed at the motion to dismiss stage, and seldom does it happen twice. Troutman Pepper recently represented a lobster business in Maine...more
Edward Deane, et al. v. Robert Maginn, Jr., C.A. No. 2017-0346-LWW (Del. Ch. Sept. 8, 2021) - Delaware courts often grant a motion to stay discovery pending the resolution of a potentially case-dispositive motion to...more
In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School...more
Drachman v. BioDelivery Sciences International, Inc., C.A. No. 2019-0728-LWW (Del. Ch. Aug. 25, 2021) - Drachman addresses the attorney-client privilege, certain exceptions thereto, including the Garner doctrine, and...more
One of the most significant differences between bringing a securities lawsuit in state versus federal court is the application of the mandatory discovery stay set forth in the Private Securities Litigation Reform Act (the...more
In This Issue. President Joe Biden issued a sweeping executive order aimed at cracking down on anticompetitive practices and reducing consolidation across multiple industry sectors, including financial services; the Federal...more
SCOTUS Grants Certiorari to Decide Whether Automatic Discovery Stay Applies to Securities Act Cases in State Court; Delaware Court of Chancery Dismisses Stockholder Suit Against FedEx for Failure to Make Pre-Litigation...more
The U.S. Supreme Court has agreed to decide whether the automatic discovery stay established by the Private Securities Litigation Reform Act of 1995 applies to cases under the Securities Act of 1933 when they are brought in...more
The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more
The U.S. District Court for the Central District of California recently denied a motion to dismiss a claim brought under the Defend Trade Secrets Act (DTSA). In Falcon Woods, LLC v. Gooding & Co., Case No. 2:20-cv-02226-SVW,...more
The New Jersey Court Rules were amended in July 2020, effective September 1, 2020. A number of these amendments are important for litigators, and this post provides a summary. New Jersey Court Rules Governing Motion...more
This morning a hearing was held via Zoom before the Judicial Panel on Multidistrict Litigation (MDL) addressing whether the hundreds of COVID-19 coverage actions, pending in federal courts far and wide, should all be...more
Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more
The Second Circuit recently considered for the first time whether the equitable remedy of reformation was available under the Employee Retirement Income Security Act (ERISA) where a court determined that the written terms of...more
Consistent with trends in recent years, in 2019 Delaware corporation law largely was shaped by post-closing suits for money damages against directors who had approved mergers and acquisitions. Two Delaware Supreme Court...more
In Matter of GreenSky, Inc. Sec. Litig., Justice Jennifer G. Schecter of the Commercial Division denied defendants’ motion to stay the state court action pending resolution of a later-filed, federal action involving virtually...more
In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of...more
Chief Judge Tunheim recently dismissed, with leave to amend, the class complaints in In Re Pork Antitrust Litigation. The Pork case— filed in the District of Minnesota against Tyson, Hormel, JBS and other major pork...more