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1
Federal Court: Computer Fraud Provision Does Not Cover Fraudulent Debit Card Transactions Conducted Over The Telephone
After discovering the losses, InComm sought coverage from Great American under its policy's computer fraud provision.
United States
20 Jun 2017
2
Fourth Circuit Joins Courts In Pennsylvania And Ohio In Holding That Dual Purpose Oil And Gas Lease Is Not Severable
As we have often reported, landowners' efforts to evade the plain terms of "dual purpose" leases, providing for both production and natural gas storage, have almost universally failed.
United States
12 Jan 2016
3
Courts Analyze Work Product Doctrine Variations: Part II
Last week's Privilege Point used two cases to address federal courts' surprising variations in the work product doctrine's "litigation" and "anticipation" elements.
United States
11 Jan 2016
4
European Competition Law Newsletter – January 2016
On 16 December 2015, the UK Supreme Court handed down a judgment on the definition of a merger for the purposes of UK merger control law.
European Union
7 Jan 2016
5
Courts Analyze Work Product Doctrine Variations: Part I
Although the Federal Rules of Civil Procedure describe the work product doctrine in a single sentence, federal courts interpret that sentence in wildly varied ways.
United States
6 Jan 2016
6
Corporations Can Risk Privilege Protection By Relying Too Heavily On Legal Advice When Firing Employees
All corporate lawyers recognize that affirmatively pleading "advice of counsel" as an employment case defense normally waives privilege protection, but the risks can be more subtle.
United States
4 Jan 2016
7
Rural/Metro: Delaware Supreme Court Affirms $76 Million Award Against Financial Advisor
On November 30, 2015, the Delaware Supreme Court issued an opinion affirming the Court of Chancery's decision in In re Rural/Metro Corporation Stockholders Litigation.
United States
31 Dec 2015
8
Court Analyzes Rule 30(b)(6) Witness's Preparation Duties
Under Fed. R. Civ. P. 30(b)(6), an entity must prepare a designated witness to testify about specified topics.
United States
23 Dec 2015
9
IRS Issues Guidance On Application Of Obergefell Decision To Benefit Plans
Section 3 of the Defense of Marriage Act prohibited recognition of same-sex spouses for purposes of federal tax law.
United States
18 Dec 2015
10
The Importance Of Oversight
The Delaware Court of Chancery recently made a series of rulings that underscore the importance of oversight by directors in performing their fiduciary duty of care...
United States
14 Dec 2015
11
Who Controls An Audit Committee's Privilege And Work Product Protection If The Company Declares Bankruptcy?
Many courts recognize that a corporation's constituent (such as an audit committee or a group of independent directors) can own the privilege and work product protection covering the constituent's internal corporate investigation.
United States
14 Dec 2015
12
Decision Highlights A Key Difference Between Attorney-Client Privilege And Work Product Doctrine Protection
The attorney-client privilege provides absolute but fragile protection. In contrast, work product doctrine protection can be overcome — but offers more robust safety than the privilege.
United States
7 Dec 2015
13
Courts Reject Protection For Corporate Investigations, But Offer Helpful Guidance: Part II
Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations.
United States
30 Nov 2015
14
Adjudication Of FERC Enforcement Cases: "See You In Court?"
Recent articles in this publication have reviewed the current FERC enforcement process and its roots in the Energy Policy Act 2005 (EPAct 2005).
United States
25 Nov 2015
15
NLRB Subpoenas: When Defective Service Is Still Effective Service
When the employer refused to comply with the improperly served subpoena, the NLRB and the union filed an action in federal court to enforce the subpoena.
United States
24 Nov 2015
16
Abbott Secures Preliminary Injunction In Gray Market Case
As is customary with other drug and medical device manufacturers, Abbott's ongoing security efforts involved making "buys" from distributors and wholesalers.
United States
24 Nov 2015
17
Pennsylvania Superior Court Affirms Striking Of 24-Year-Old Default Judgment, And Holds That Leasing Is Not Enough To Claim Subsurface Rights By Adverse Possession
The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners.
United States
20 Nov 2015
18
European Competition Law Newsletter – November 2015
A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists.
European Union
20 Nov 2015
19
Can The Privilege Ever Protect Historical Documents?
The attorney-client privilege normally does not protect pre-existing historical documents, even if clients convey those to their lawyers.
United States
19 Nov 2015
20
European Union
19 Nov 2015
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