News & Analysis as of

Rule 11

Foley & Lardner LLP

Bad Behavior in eDiscovery is Still Very Costly!

by Foley & Lardner LLP on

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reminds Courts They Must Advise Defendants of the Immigration Consequences of Guilty Pleas

In United States v. Gonzales, 16-4318 (March 13, 2018), the Second Circuit (Sack, Parker, Carney) in a per curiam order vacated the conviction of a defendant who had pled guilty without being informed that he was likely to be...more

Jones Day

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

by Jones Day on

In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more

Patterson Belknap Webb & Tyler LLP

Above-Guidelines Sentences for Prostitution Ring Upheld, Including Where Portions of Rule 11 Transcript Missing

In United States v. Jiamez-Dolores, et al., 14-1840(L) (August 3, 2016) (Hall, Lynch, Chin), the Court in a per curiam order affirmed above-guidelines sentences given to two defendants who each pleaded guilty to one count of...more

Patterson Belknap Webb & Tyler LLP

Where The Full Record Indicates a Plea is Voluntary, Rule 11 Omissions Will Not Lead to Vacatur

In United States v. Pattee, 14-32163-cr (April 21, 2016) (GC, GEL, RJL), the Court affirmed a judgment of conviction and sentence entered in the United States District Court for the Western District of New York (Frank P....more

Carlton Fields

Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court

by Carlton Fields on

Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically,...more

Nutter McClennen & Fish LLP

Timing is Everything: The District of Massachusetts Clarifies Local Rule

by Nutter McClennen & Fish LLP on

Caffeinate Labs, Inc. filed patent infringement and other unfair business practices claims against defendants Vante, Inc. and Alex Shlaferman. One claim alleged infringement of a design patent. The defendants moved to dismiss...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities - June 2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2017 and April 2017. The cases address developing trends in class actions, ERISA, fiduciary duties,...more

Jones Day

Second Circuit Affirms Dismissal of FCA Cases

by Jones Day on

The Second Circuit affirmed the dismissal of two False Claims Act ("FCA") cases brought by private relators against insurance and other companies based on the alleged failure to reimburse the Centers for Medicare & Medicaid...more

Benesch

Expect a Mess When Food and Class Actions Collide: Part 1

by Benesch on

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and...more

Benesch

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

by Benesch on

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017. Of the “ayes,” 227 were Republican and three were...more

Shipman & Goodwin LLP

The Dialogue: What Legislation We’re Keeping Our Eyes On

by Shipman & Goodwin LLP on

If at first you succeed, try it again. Well, that may not be how the saying goes, but the first back-and-forth post between me and Nina Pirrotti, an employee-side attorney, was so well received that we’re back for...more

Brooks Pierce

NC Business Court Starts Off 2017 By Denying A Motion For Sanctions And Adding A New Judge

by Brooks Pierce on

In the NC Business Court's first Opinion of the new year, Judge Bledsoe denied Defendants' Motion for Rule 11 Sanctions in Kure Corp. v. Peterson, 2017 NCBC 1. The decision holds a few lessons about the operation of Rule 11...more

Carlton Fields

Lawyers Sanctioned for Seeking to Settle Federal Court Class Action in State Court

by Carlton Fields on

Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more

Wilson Elser

The Punishing Effect of Rule 11

by Wilson Elser on

Federal courts correct bad litigation behavior, eventually. People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer. Anger...more

Robins Kaplan LLP

PTAB Practice Update: Amended Rules of Practice for Trials before the PTAB Now in Effect

by Robins Kaplan LLP on

Effective May 2, 2016, the United States Patent and Trademark Office (USPTO) has amended the existing consolidated set of rules of practice for trial proceedings before Patent Trial and Appeal Board (PTAB), including inter...more

Bryan Cave Leighton Paisner

Patent Office Issues Final Rule Amending the Rules of Practice for Trials at the PTAB

by Bryan Cave Leighton Paisner on

The U.S. Patent and Trademark Office (Patent Office) has issued a final rule that addresses aspects of trial practice for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB), takes effect May...more

BakerHostetler

Patent Office Updates Rules for Post-Grant Proceeding Duty of Candor

by BakerHostetler on

The United States Patent and Trademark Office recently amended 37 C.F.R. § 42.11 to include a certification requirement similar to that of Rule 11. Section 42.11 prescribes the duty of candor owed to the Patent Office. As...more

Polsinelli

USPTO Publishes Substantive Changes to PTAB Rules

by Polsinelli on

On April 1, 2016 the USPTO published the final rules that make substantive changes to the Patent Trial and Appeal Board (PTAB) trial practice rules for inter partes review (IPR), covered business method (CBM), and post-grant...more

Wilson Sonsini Goodrich & Rosati

USPTO Issues Second Round of AIA Rule Changes

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued another round of amendments to the rules governing Patent Trial and Appeal Board (PTAB) trial proceedings under the Leahy-Smith America Invents Act (AIA)....more

Dorsey & Whitney LLP

SEC Prevails in Payton Insider Trading/Tipping Case

by Dorsey & Whitney LLP on

The SEC prevailed in its insider trading/tipping case against two New York brokers were Newman and its tipping standard was a key issue. SEC v. Payton, Civil Action No. 14 civ 4644 (S.D.N.Y.). On Monday a jury in New York...more

McDermott Will & Emery

Attorneys’ Fee Award Cannot Be Enhanced to Deter Misconduct (Lumen View Technology, LLC v. Findthebest.com, Inc.)

by McDermott Will & Emery on

Addressing whether deterrence can play a role in an attorneys’ fee award under § 285, the U.S. Court of Appeals for the Federal Circuit held that once a case is deemed exceptional, § 285 only authorizes an award of reasonable...more

Mintz Levin

Federal Circuit Reverses Punitive Exceptional Case Fee Award as Improperly Enhanced

by Mintz Levin on

On January 22, 2016, the Federal Circuit issued its opinion in Lumen View Technology LLC v. FindTheBest.com (Dkt. No. 15-1275), in which it vacated and remanded the lower court’s award of enhanced attorney fees under 35...more

Burr & Forman

Federal Court Awards Sanctions Against the Filer of Improper Rule 11 Motion

by Burr & Forman on

Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068  (M.D. Fla. Nov. 17, 2015) to the filer of an improper...more

Kelley Drye & Warren LLP

Host of Rule Changes Go Into Effect Today in the New York Commercial Division

by Kelley Drye & Warren LLP on

The rules governing practice in the Commercial Division of New York Supreme Court have undergone a number of important amendments, additions, clarifications and other modifications effective today....more

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