Litigation Law, Mediation Law and Arbitration Law

Several years ago, a large multinational corporation implemented an email archive system in order to better manage its volume of email and the potential complications associated with backup media in its frequent litigations.

A person who receives an automated debt-collection call on his cellular phone in violation of the federal Telephone Consumer Protection Act can choose to file a lawsuit.

On May 8, 2012, the New York Court of Appeals issued a ruling that merely viewing child pornography on the internet is not a criminal act under the New York Penal Code.

Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides that "[n]o person shall give [or] accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."

On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their repurchase rights. Consequently, New York property owners, who were unapprised of their repurchase rights, will be unable to challenge the foreclosure on that basis.

Based upon a recent decision of the Massachusetts Appeals Court, a Lender’s inability to produce an original, or a copy, of a promissory note secured by a mortgage may impair the Lender’s ability to foreclose upon its mortgage.

Fueled by high financial stakes and the specter of injunctions, patent litigation is incredibly complex, expensive and can involve protracted battles at every step of the process.

In Advanced Fiber Technologies (AFT) Trust v. J&L Fiber Services, Inc., No. 11-1243 (Fed. Cir. Apr. 3, 2012), the Federal Circuit revised the district court’s construction of a term appearing only in the court’s construction of a claim term, and therefore vacated SJ of noninfringement.

In Aventis Pharma S.A. v. Hospira, Inc., No. 11-1018 (Fed. Cir. Apr. 9, 2012)

All-risk property insurance policies generally provide coverage for any peril that causes property damage, except when the damage is caused by a risk specifically excluded in the policy.

A California federal court recently issued a summary judgment ruling after interpreting two "other insurance" clauses.

In an effort to avoid the impact of the completed operations aggregate limit, policyholder counsel sometimes attempt to characterize claims as (1) rip-out exposures, or (2) as relating to "abandoned or unused materials," so as to come within a common insurance policy carve-out from the Completed Operations Hazard.