Mondaq USA: Litigation, Mediation & Arbitration
BakerHostetler
A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed.
Holland & Knight
In Comins v VanVoorhis, a Florida court has addressed the question of whether bloggers should be treated as "publishers" under defamation and libel law.
Shearman & Sterling LLP
The Southern District of New York held that voluntary disclosure of privileged communications to the government can be a waiver of attorney-client privilege.
Foley & Lardner
The Wisconsin Court of Appeals gave notice that when they email a public official, their identities and are likely to be discoverable upon request.
Blank Rome LLP
December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Target’s CEO Gregg Steinhafel took pains to assure consumers "they will not be held financially responsible for any credit or debit card fraud."
Mayer Brown
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
McGuireWoods LLP
Although Fed. R. Civ. P. 26 does not require privilege logs, most courts expect them – and many courts specifically require them.
Venable LLP
A federal court judge de-certified a previously certified nationwide class of consumers in a long-pending false advertising case against POM Wonderful.
Fox Rothschild LLP
On April 14, 2014, the Pennsylvania Superior Court affirmed that venue was proper in Snyder County in a breach of contract case.
Strasburger & Price, L.L.P.
The Dallas Court of Appeals offers another good reminder on the requirements for summary judgment evidence in National Health Resources v TBF Financial.
McGlinchey Stafford PLLC
The District Court held that the Supreme Court’s recent opinion in "Standard Fire Insurance Co. v. Knowles" is not an "other paper".
Sheppard Mullin Richter & Hampton
In Americana Art China Company v Foxfire Printing & Packaging, the Seventh Circuit affirmed the district court's attorneys' fees award.
BakerHostetler
On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit.
Mayer Brown
Already, 2014 has been an eventful year in the world of data breaches and cybersecurity.
Mayer Brown
A recent development illustrates again the significant impact that Mayer Brown’s thought leadership has on critical legal issues.
Foley & Lardner
The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct.
Fox Rothschild LLP
Michael K. Twersky was quoted in the Metro Philadelphia article, "When To Know if You Have a Defamation Case."
Jones Day
Many practitioners are quick to label potential claims of lost profits as consequential damages.
Fox Rothschild LLP
The Third Circuit ruled that the Higher Education Act of 1965 does not exempt higher education institutions from the general reporting requirements of the FCRA.
Fox Rothschild LLP
Scott L. Vernick and John A. Wait were featured in the Law360 article, "Chobani CEO’s Ex Says He Stole Recipe in Ownership Spat."
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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.
Strasburger & Price, L.L.P.
Now that e-filing is no longer the exception, but the norm, and lawyers routinely conduct business via email, the speed and efficiency offered by technological advancements is not a luxury but a necessity.
Patterson Belknap Webb & Tyler LLP
A recent decision by a federal district court raises concerns about the ability of companies to claim privilege over the results of internal investigations.
Pepper Hamilton LLP
This month there have already been two cases in the staffing industry that highlight the risks posed to that industry and their clients where the workers being referred are paid on a 1099 basis.
Drinker Biddle & Reath LLP
A federal judge in the Southern District of Florida approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs.
Mayer Brown
In January 2014, the US Supreme Court decided Daimler AG v. Bauman, 571 U.S. ___, 134 S. Ct. 746 (2014), a decision that could be of substantial importance to any non-US bank or non-US corporation that has US branches or offices in the United States, as well as any US bank or corporation that has branches or offices outside of its principal place of business or place of incorporation (its "home state").
Fox Rothschild LLP
In most instances, litigations end with the parties executing a settlement agreement and a stipulation to dismiss the case.
Thompson Coburn LLP
In two landmark rulings that may prompt further examination of how our laws identify and protect privacy interests, the Illinois Supreme Court has found unconstitutional Illinois’ long-standing electronic eavesdropping act.
Foley & Lardner
Social media in general, and Facebook in particular, seems to have become so ingrained in modern existence that while it is potentially laughable.
Morrison & Foerster LLP
On January 14, 2014, the Supreme Court decided Daimler AG v. Bauman, No. 11-965—a closely watched personal jurisdiction case.
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