Podcast: DeFi and Digital Assets: What do the UCC Amendments Mean for Business Transactions? [More with McGlinchey, Ep. 46]
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Hospices and The False Claims Act: Proposed Amendment Would Increase Liability Risk
New Developments in the World of Section 230
Videocast: Asset management regulation in 2020 videocast series – The SEC’s proposed accredited investor definition
Videocast: Asset management regulation in 2020 videocast series – Private fund regulatory developments
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more
While the Commercial Division Rules are closer to the Federal Rules of Civil Procedure than any other set of court rules in New York (including the base requirements of the CPLR), they are far from identical. One area where...more
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission...more
In 1995, then-Chief Judge Judith Kaye established the Commercial Division of the New York Supreme Court, reinforcing New York State as the center not only of finance and commerce for the country, but also for litigating...more
As we have previously covered in a blog post dated August 25, 2021, the Senate is currently considering Senate Bill 2428, the False Claims Amendments Act of 2021 (FCAA), which would cause several significant changes that...more
On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more
In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more
On July 26, Senator Chuck Grassley (R-IA) introduced a long-promised bill to amend the False Claims Act (FCA). Not-so-creatively entitled the False Claims Act Amendments Act of 2021 (S.B. 2428), the proposed legislation is...more
Interrogatories can serve as a useful tool for parties to obtain basic information about their adversary’s case and drive discovery strategy. Serving interrogatories allows parties to identify individuals with knowledge and...more
In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon. On August 13, 2019, the Tennessee Supreme Court issued an...more
Federal Rule of Civil Procedure 30(b)(6) is a critical part of litigation involving corporations and other business entities. Rule 30(b)(6) allows a litigant seeking information from an organization to serve a notice of...more
A proposed amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure raises the potential for problematic consequences that may lead to more discovery disputes, such as a new discovery obligation to discuss the...more
In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging...more
In a wave of rulemaking activity over the past week, the Office of Court Administration opened public comment on three significant changes to the Commercial Division Rules proposed by the Commercial Division Advisory Council....more
On December 11, 2017, the Judges of the U.S. District Court for the District of Massachusetts proposed amendments to Local Rule 16.6 governing patent proceedings. The proposed amendments substantially rewrite existing Local...more
The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more
Several recent court decisions have shed light on the patent agent privilege, and now the U.S. Patent and Trademark Office (USPTO) is seeking to weigh-in on the issue....more
Litigants in New York’s Commercial Division may soon be able to require written memorialization of rulings at discovery conferences if the most recent rule recommended by the Commercial Division’s Advisory Council is adopted....more
Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive”...more
On August 20th, the U.S. Patent and Trademark Office published proposed rules that would amend the consolidated set of rules currently governing Inter Partes Reviews, Post-Grant Reviews, Covered Business Method Reviews, and...more
On April 29, 2015, Chief Justice John Roberts announced that the U.S. Supreme Court had adopted a package of amendments of Federal Rules of Civil Procedure. These amendments will take effect on December 1, 2015 unless...more
The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise...more
Over the course of the past two years, litigants have faced significant changes to Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, include rules governing subpoenas,...more
The Committee on Rules of Practice and Procedure (Standing Committee) recently approved a revised Rule 37(e), which is intended to establish greater uniformity in the ways federal courts respond to the loss of electronically...more