Mondaq USA: Litigation, Mediation & Arbitration
McGuireWoods LLP
Last week's Privilege Point explained that federal common law privilege principles govern federal question cases, and that analyzing choice of law issues in bankruptcy matters can be more subtle.
Bradley Arant Boult Cummings LLP
This might seem strange, but sometimes the courtroom layout can make record preservation difficult. For example, if the judge is seated particularly close to the jury box (as is the case in some jurisdictions), the judge might frequently walk to the side of the courtroom to have sidebar conferences.
Mayer Brown
A large American manufacturer is facing multiple lawsuits in state courts throughout the country. The plaintiffs issue broad discovery requests seeking, among other things, electronically stored information (ESI) from multiple custodians, databases and even back-up tapes.
Mayer Brown
A decade ago, California's unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff's tools.
Holland & Knight
Website Operators: Be Aware of Efforts to Expand Legal Requirements Through Compliance Reviews, Litigation and Settlement Agreements
WilmerHale
Gary Born, chair of the firm's International Arbitration Practice Group and the world's preeminent authority on international commercial arbitration and international litigation, participates in an interview with the Korean Commercial Arbitration Board.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off.
Orrick
On November 12, Judge Susan Richard Nelson of the United States District Court for the District of Minnesota declined to dismiss claims by the Residential Capital LLC (ResCap) bankruptcy trust against six mortgage originators.
Orrick
On November 17, 2014, Justice Shirley Werner Kornreich of the Supreme Court for the State of New York, New York County approved the stipulation of voluntary discontinuance between Assured Guaranty Municipal Corp., DB Structured Products, Inc., and ACE Securities Corp.
Proskauer Rose LLP
The New York Appellate Division, First Department, ruled yesterday that the business-judgment rule – not the entire-fairness standard of review – can apply to a going-private transaction with the majority shareholder where the majority shareholder did not participate in the board’s vote on the merger.
Orrick
On November 3, 2014, the U.S. Supreme Court held oral argument in Omnicare v. Laborers District Council Construction Industry Pension Fund.
Fox Rothschild LLP
One major requirement for the appointment of a receiver under Section 291 of the DGCL is establishing the insolvency of the corporation.
Fox Rothschild LLP
So, you want to amend your complaint to add a claim after the statute of limitations has expired. Is it possible? The short answer is yes, it may be possible.
Schnader Harrison Segal & Lewis LLP
In New York, unlike many other states, the material alteration defense used to be a fairly absolute defense presenting no jury questions at all, based on the leading case Robinson v. Reed-Prentice, 49 N.Y.2d 471 (1980).
Sheppard Mullin Richter & Hampton
Plaintiffs brought a putative class action in state court alleging defendant CVS Pharmacy, Inc. maintained a policy requiring shift supervisors in certain instances to take on-premises meal breaks without pay.
Klein Moynihan Turco LLP
Earlier this week, the Federal Trade Commission ("FTC") announced that three companies agreed to pay more than $22 million in consumer refunds for allegedly violating the Restore Online Shoppers’ Confidence Act ("ROSCA").
Sheppard Mullin Richter & Hampton
On November 6, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted in part defendant Dole's motion for decertification in Brazil v. Dole Packaged Foods, LLC.
Mayer Brown
Over the past few years, a number of plaintiffs’ lawyers have attempted—with some success—to circumvent the "mass action" provisions in the Class Action Fairness Act of 2005 ("CAFA"), which allow defendants to remove to federal court certain cases raising "claims of 100 or more persons that are proposed to be tried jointly."
Mayer Brown
Earlier this week, a federal jury in San Diego imposed a punitive damages award of $185 million against AutoZone in a case alleging pregnancy discrimination and retaliatory discharge
Fox Rothschild LLP
Under Section 291 of the DGCL, only shareholders or creditors have standing to seek the appointment of a receiver to an insolvent Delaware corporation.
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Proskauer Rose LLP
Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act.
Klein Moynihan Turco LLP
The Defendants have agreed to pay one of the largest Telephone Consumer Protection Act settlement amounts in history.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings?
BakerHostetler
Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and professional liability as it relates to confidentiality.
Fox Rothschild LLP
Florida Statutes Chapter 713 governs construction liens, more commonly referred to as mechanic’s liens.
Patterson Belknap Webb & Tyler LLP
Much has happened since our last post on the Nexium "pay for delay" class action lawsuit. Jury selection began in the District of Massachusetts on Monday, October 20, 2014.
McGuireWoods LLP
On Oct. 22, 2014, the United States Department of Justice announced that it had finalized its settlement with DaVita HealthCare Partners, Inc.
Fox Rothschild LLP
When entering into an LLC operating agreement, there are many important factors and issues that must be taken into consideration.
Pepper Hamilton LLP
Lowe’s Home Centers agreed to settle a class action brought by its home improvement contractors who allege that they were misclassified.
Reed Smith
In determining whether the statute was plain on its face, and therefore without need for HUD’s assistance, the court began with the language of the statute.
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