Popular, Summary Judgment

This Week in eDiscovery: The Cost of Securing Sensitive Data, Responding to Discovery Issues

Array on 8/29/2024

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 19-25. Here’s what’s...more

Ripple Case Reaches Final Judgment as Digital Assets Law Continues to Evolve

BakerHostetler on 8/12/2024

On Aug. 7, the U.S. District Court for the Southern District of New York issued its judgment in U.S. Securities and Exchange Commission v. Ripple Labs, Inc., marking the end of district court- level proceedings in the highly...more

Federal Judge Orders Whistleblower Who Filed a “Frivolous” Qui Tam to Pay Over $1 Million for Defendants’ Attorneys’ Fees

Husch Blackwell LLP on 3/21/2024

Most experienced False Claims Act (FCA) practitioners are all too familiar with the statutory provision requiring defendants to pay whistleblowers’ attorneys’ fees at the end of FCA cases. What is less commonly known is the...more

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - January 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 1/30/2024

SEC Wins Summary Judgment on Howey Issue in Terraform Litigation - On December 28, 2023, Judge Jed Rakoff in the Southern District of New York issued a summary judgment decision in SEC v. Terraform Labs Pte. Ltd., a...more

New York Medical and Life Sciences: Year in Review 2023

Harris Beach PLLC on 1/19/2024

From pharmaceuticals to cosmetics, preemption to expert preclusion, New York state and federal courts issued decisions in 2023, which further shaped the landscape in the medical and life sciences legal world. To prepare the...more

SEC Dismisses Ripple Labs Executives After Losing Bid for Interlocutory Appeal

Troutman Pepper on 10/23/2023

On October 19, the Securities and Exchange Commission (SEC) dismissed its claims against Ripple Labs, Inc. (Ripple) executives Bradley Garlinghouse and Christian Larsen for allegedly aiding and abetting Ripple’s violations of...more

Expert Witness Prematurely Disqualified Based on Not Maintaining an Active Clinical Practice

Marshall Dennehey on 10/23/2023

Miles v. Cleveland Clinic Health Sys.-E Region, 8th Dist. Cuyahoga No. 112025, 2023-Ohio-2582 - The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his...more

Ripple’s Legal Waves: Ripple Summary Judgment Ruling Could Have Wide-Ranging Impact

Winstead PC on 7/31/2023

In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that...more

Wyoming Supreme Court Rejects “Negligent Lending” and “Negligent Advising” as Causes of Action

King & Spalding on 5/5/2023

On January 19, 2023, the Wyoming Supreme Court declined to recognize causes of action for negligent lending or negligent advising and declined to impose a duty on lenders to render sound advice to borrowers. The case stems...more

Northern District of California Denies Summary Judgment to, and Certifies Class in Case Against, Bank Alleged to Have Aided and...

King & Spalding on 1/26/2023

On December 16, 2022, the U.S. District Court for the Northern California denied Umpqua Bank’s motion for summary judgment and granted class certification in a case asserting investors’ claims that certain bank employees...more

English Court breaks new ground in crypto fraud case

Dechert LLP on 12/8/2022

In a recent judgment the English High Court has again shown its ability to innovate so as to assist victims of crypto fraud. By imposing a constructive trust on a crypto exchange and permitting service of an order for summary...more

SCOTUS Agrees to Engage in Some Whiskey Business

Fox Rothschild LLP on 11/25/2022

On Monday, November 21st, the U.S. Supreme Court agreed to hear an appeal filed by Jack Daniel’s. In this appeal, Jack Daniel’s argued that the Ninth Circuit erred by upholding the lower court’s grant of summary judgment to...more

Amazon and Microsoft Win Summary Judgment in Illinois BIPA Lawsuits Based on Extraterritoriality

Perkins Coie on 11/2/2022

After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case...more

Contractor Settles Cybersecurity-Related False Claims Act Suit for $9 million

Pillsbury Winthrop Shaw Pittman LLP on 7/8/2022

A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more

Defense Contractor Denied FCA Summary Judgment in First Test of DOJ’s New Civil Cyber-Fraud Initiative

Bradley Arant Boult Cummings LLP on 2/9/2022

On February 1, 2022, the United States District Court for the Eastern District of California ruled that a False Claims Act (FCA) case against defense contractor Aerojet Rocketdyne Holdings and Aerojet Rockdyne Inc....more

Eleventh Circuit Reverses Summary Judgment in Favor of Experian in FCRA Claim

Womble Bond Dickinson on 5/26/2021

The Eleventh Circuit Court of Appeals recently reversed summary judgment entered in favor of Experian Information Solutions, Inc. (“Experian”) in a Fair Credit Reporting Act claim brought by Henry Losch (“Losch”) finding not...more

Trade Secret Takeaways from the Ninth Circuit’s Decision in InteliClear, LLC v. ETC Global Holdings, Inc.

Sheppard Mullin Richter & Hampton LLP on 11/25/2020

Courts often require a plaintiff to identify a trade secret with reasonable particularity before commencing discovery (and it is a statutory obligation in California). But frequently a trade-secret plaintiff does not know...more

New York Insurance Coverage Law Update - October 2020

Rivkin Radler LLP on 10/29/2020

Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks. Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a...more

The LHD/ERISA Advisor: U.S. Supreme Court Issues Ruling on 'Actual Knowledge' Required to Trigger ERISA's Limitations Period

Hinshaw & Culbertson - The LHD/ERISA Advisor on 6/5/2020

On February 26, 2020, the Supreme Court issued its decision in Intel Corp. Inv. Policy Comm. v. Sulyma, __. U.S. __, 140 S. Ct. 768 (2020). The Court unanimously held that Christopher Sulyma ("Sulyma") did not necessarily...more

Federal Court in Maryland Holds Property Insurer Must Provide Coverage for Ransomware Attack

King & Spalding on 3/24/2020

Cyber insurance policies are typically a company’s first line of defense following a cybersecurity event, but a recent decision from a federal court in Maryland illustrates why businesses should always look for cyber coverage...more

Ransomware Attack Replacement Costs Are Covered “Direct Physical Loss or Damage” Under Standard Business Owner’s Policy, According...

Carlton Fields on 3/6/2020

A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more

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