Top Stories Archive
Circuit court reaffirms high standard for appealing a district court's remand decision.
Decision highlights direct and circumstantial options for email authentication.
Eighth Circuit affirms ruling taking judicial notice of GPS technology.
Abstention by federal courts appropriate only in exceptional circumstances.
Ruling protects state jurisdiction over remanded cases.
Wrongful download is enough to state claim for misappropriating trade secrets.
Absent a settlement offer within policy limits, insurers have no duty to settle.
Duty of confidentiality trumps whistleblower rights.
Employers warned of stricter enforcement of laws governing payroll cards.
Court affirms $1 million default judgment for discovery abuses in defamation case.
Complaint filed with insufficient filing fee does not toll statute of limitations.
Duty to protect clients' interests necessitates firms' review of emails.
Case highlights the importance of preparing a clear and well-supported fee petition.
Attorneys must not assist others, including spouses, if actions are adverse to a client.
Appeals court says Pampers' class action settlement stinks.
Texter who knows recipient is driving and driver's texting habits has duty not to distract.
Flexible nature of Rule 19 analysis allows abuse of discretion or de novo review.
Ruling reflects trend in favor of allowing third-party evidence.
Court should have allowed inquiry into juror-witness Facebook contact.
Deletion of laptop files leads to monetary sanctions and inference of bad faith.
Sixth Circuit clarifies scope of recent U.S. Supreme Court ruling on class certification.
Whistleblower requirements are the same under anti-retaliation and bounty provisions.
Trial presentation technology can help make a case, but the expense is a drawback.
Payment networks may face hurdles in charging banks when merchants are hacked.
NY District Court ignores other circuits; holds unpaid interns are employees under FLSA.
Client waived advance conflicts despite never signing letter.
Are demonstrative exhibits helpful to the jury or misleading and unfair?
High court leaves negligence standard for the legislature to decide.
Court finds terms of parties' arbitration agreements and class action waivers binding.
Even after the conclusion of a proceeding, lawyers must take action.
Other states watch closely as tort reform struck on constitutional grounds.
No conflict of interest to pursue consumer protection claims for the state.
Motions for summary judgment–not motions in limine–terminate claims.
Ohio high court finds text messaging an acceptable form of attorney advertising.
State appellate court finds that messages are authentic and not hearsay.
Non-taxability of discovery expenses costs winning litigant more than $100,000.
Doctrine promotes zealous client advocacy.
Judge orders forensic expert to review Facebook posts.
Court focuses on prejudice to class members or compromising integrity of the lawsuit.
Divided Ninth Circuit limits attorney fees to a percentage of value of redeemed coupons.
In rare cases, a trial court may investigate whether racial bias affected a verdict.
Stipulation limiting damages inadequate to defeat federal class action jurisdiction.
Attorneys in hot water after suggesting client create better facts.
Sample form satisfies the pleading standards of notice and plausibility.
Expansion of the rule beyond its products liability origins proves unworkable in practice.
District court imposes sanctions for delaying case without a finding of bad faith.
Lawyers must take steps to fully enforce protective orders after a case settles.
Lack of expert testimony prevents plaintiffs from satisfying predominance requirement.
Securities fraud plaintiffs win, but is the victory pyrrhic?
Sophisticated company gave informed consent for lawyer to represent future adverse client.
Ohio court rules municipality's home rule preempted by state regulatory scheme.
Virginia high court finds blog is not protected political speech.
Ruling fuels class actions against retailers following similar California suits.
Private parties cannot seek interlocutory appeal for issues reserved for state actors.
Potential defamatory statements may be subject only to a qualified privilege.
Plaintiff may exit trademark lawsuit by filing broadly worded covenant.
Plaintiff's choice of counsel stymied by defense counsel's casual consultation.
Insured's assertion of attorney-client privilege upheld against insurer.
D.C. Circuit orders retrial over "golden rule" statements, furthering split among circuits.
Federal courts divided on implied right, and the Supreme Court remains silent.
Second Circuit limits district court's discretion to grant relief from untimely appeal.
"Distinctive characteristics" authenticate text messages.
Court imposes adverse inference instruction despite lack of actual malice.
District court "fully explains" spoliation sanction that rendered patents unenforceable.
Nature of claims and language in long-arm statutes may explain different outcomes.
Duty to advocate zealously is not license for uncivil conduct, says Indiana high court.
Unsettled issue of law is not a silver bullet against attorney's inaction.
Requirements of Copyright Act not satisfied by informal email agreement between attorneys.
Second Circuit deals blow to FDA attempts to restrict off-label marketing.
Ethics Commission balances protection of former client against attorney defending his reputation.
Report points to a pending Supreme Court decision and fewer available cases.
Expert disclosures, not designations, dictate discovery and use of experts.
Court provides case study on how to work out differences through electronic discovery.
Contingency fee firm's quantum meruit claim may proceed against former cocounsel.
Attorney's failure to inform secondary court of withdrawal violates ethics requirement.
Ethical duty trumps policy that prohibits admission of liability.
The Tennessee Judicial Ethics Committee says judges must proceed with caution on social media.
Court orders disclosure of paid commentators making statements on issues in case.
ESI of a nonparty attorney is discoverable if it does not unreasonably burden the attorney.
Establishing a right to recovery is simple, but calculating the award is more difficult.
Reporting an insured's illegal conduct, which voided coverage, negated the litigation privilege.
Conflict not imputed to firm that outsourced work to contact attorney.
Federal agencies are required to cooperate on search protocols.
Objecting party need not request remediation; courts' curative responsibility is mandatory.
Commercial coverage policy extends to cyber claim.
Timing of valuation makes a huge difference under federal act.
A district court bucks the trend of allowing broad discovery of social media.
Florida allows judge-elect to finish testimony before taking the bench.
In fee disputes, recognize, evaluate, and know the risks before gambling on litigation.
Massachusetts' high court announces rule protecting judges' deliberations in cases.
Law firms cannot assume communications with their own in-house counsel are privileged.
Rule of professional conduct is unconstitutional as applied to attorney's comments.
"Egregious" conflict of interest leads to forfeiture of attorney fees in class action.
Attorneys can be subject to sanctions even for inadvertent violation of protective orders.
Supreme Court finds salesmen are exempt under FLSA even when they don't "sell."
Witness statements afforded qualified protection; no protection for identity of witnesses.
The Ninth Circuit decision extends California law but leaves extent of duty largely undefined.
The state and federal rules are similar, but federal jurisprudence is rejected.
New Jersey court broadens pool of available qualified medical experts.
Permissible versus impermissible financial advances depends on its purpose.
Test for compulsory counterclaims opens the door to balancing of the equities.
Privilege holder must obtain documents and endure contempt charge to pursue appeal.
Abusive tactics and juvenile antics get attorney and firm disqualified.
Plaintiff's lawyer disavows last-minute settlement after learning jury would have awarded $9 million.
Proposals target technology, lawyer mobility, and outsourcing.
The courts' acceptance of computer-aided search could reduce review costs.
Preservation orders differ over scope of relief granted.
Dissolved corporation has no principal place of business under diversity jurisdiction test.
Attorneys should exercise care in preparing flat-fee agreements.
Lawyers must be cautious of ethical pitfalls in question-and-answer websites.
Federal Circuit allows discovery of settlement negotiations in patent dispute.
Supreme Court finds diagnostic test an unpatentable law of nature.
Limited access to multiple computers with similar file structures is an acceptable ultimate issue opinion.
Sovereign immunity bars relief under the self-care provision.
French-blocking statute did not excuse foreign corporation from U.S. discovery obligations.
Legal advice to law firm is protected from disclosure to firm's client.
Supreme Court upholds interrogation about other crimes in "normal" prison environment.
Chancery court rules that duty owed unless modified by parties, but Supreme Court may rule otherwise.
Federal Circuit holds claims are not patent-eligible, but definition of "abstract ideas" remains murky.
Repeal contained in footnote to Omnibus Health-Care Bill.
After Citizens United, state and federal lawmakers take action.
Louisiana case against bond counsel underscores value of proper limits on scope of representation.
Failure to swear translator not necessarily a reversible error.
Court holds 2–1 that statute only protects employees of public companies over sharp dissent.
Courts consider whether intervenors must establish Article III standing under FRCP 24.
Majority view allowing all changes to depo erratas is adopted by state high court.
Employee's advance notice of potential maternity leave triggered FMLA rights.
Court adopts "learned intermediary" defense, but refuses to apply it.
Strict liability is not necessarily extended to manufacturer for incorporated component products.
The $95 million penalty is "pocket change," the judge says.
Lawyer should not commingle release of claims against firm with settlement of client's underlying lawsuit.
Courts debate proof versus plausibility at pleadings stage.
Should a court sanction an attorney for helping pro se litigants draft and file petitions for review?
Court overrides parties' agreement requiring broad retrieval of data in unallocated space.
Accountants' testimony on preparation of proofs of loss is lay opinion.
The Food and Drug Act trumps non-conforming state laws.
Court concludes discouraging witnesses from speaking with opposing counsel is improper.
Two-to-one growth rate may be due to federal reforms increasing potential liability.
New U.S. Judicial Conference policy urges annual review of sealed case files.
Should attorney-client privilege apply to lawyers' conversations in a guardian ad litem role?
Split widens as Supreme Court to decide jurisdictional scope under Alien Tort Statute.
Special committee approval not enough to shield merger decision.
State supreme court lowers threshold for pretrial hearings, orders new jury instructions.
Banks’ principal place of business not determinative for diversity jurisdiction.
Comment period for revised Model Rules of Professional Responsibility closes November 30.
Failure to show special relationship with entity shredding documents fatal to spoliation claim.
"Patent troll" and attorney must pay $631,135 in fees, costs, and sanctions for extortionate claim.
Debate grows on use of contributory negligence defense in malpractice claims.
Key considerations in ABA Formal Opinion 11-458 include reasonableness, communication, and consent.
Community-of-interest privilege requires more than a written agreement to avoid disclosure.
“Malfunction theory” allows plaintiffs to meet burden of proof without evidence of defective product.
Ruling bars RICO claims against those accused of aiding and abetting securities fraud.
Florida passes legislation on expert witnesses, requiring certification to testify.
Jurors can ask questions during trial, discuss the case before deliberations, and take evidence into the jury room.
Modified version of ABA’s Model Rules of Professional Conduct awaiting approval.
Disputes over the taxability of e-discovery costs escalating with increasingly sophisticated demands for ESI.
Court usurped jury’s role by allowing supplemental arguments on deadlock issues.
Clean Air Act has displaced federal common law by delegating regulatory authority to EPA.
“Settlement payments” protected by Safe Harbor under § 546 of Bankruptcy Code.
Third-party financing arrangements “not unethical per se,” but beware of pitfalls.
Ruling reaffirms high standard of proof necessary to demonstrate patent invalidity.
Amendments to Model Rules would clarify client development in Internet Age.
Stream of commerce test does not control outcome of personal jurisdiction cases.
Dissent argues result goes beyond settled principles of negligence law.
Florida court rejects Zippo’s “sliding scale” for jurisdiction over Internet activity.
Texas governor makes good on campaign pledge to try to curb “frivolous” lawsuits.
Limited practice by U.S. attorneys permitted; Non-U.S. lawyers still on the bench.
Program limited to civil proceedings where parties consent to recording.
Amendments to bankruptcy, appellate, and criminal rules on tap.
Litigators must carefully consider how evidence gathered from the Internet will be authenticated.
Appellate court embraces three-strikes test for discovery sanctions and broad discretion of district court in ordering sanctions.
Proposed negative publicity campaign against judicial system raises issues of privilege and ethics.
Lawyers should scrutinize vendor agreements and stay informed of technological advances.
Volunteer faculty provided practical training and diverse perspectives at a free session in Atlanta, Georgia.
Jurors can compare ordinary and heightened degrees of negligence to assess each party's relative fault.
Fairness and prejudice to opposing party can determine whether waiver will be partial or total.
In addition to civil contempt award, transgressor must make past and future opponents aware of sanctions order.
Court breaks new ground in expanding CAN-SPAM restrictions to nontraditional electronic messages.
Court holds failure to accept defense counsel is breach of insured’s duty to cooperate.
California court holds that a “framework” retainer agreement is insufficient to establish attorney-client relationship.
Should states enact a bright-line rule?
When do drug companies have to disclose adverse event reports to avoid securities fraud claims?
Clarity is key when communicating with clients, regarding settlement agreements.
Courts tackle calculating damages for inducement of mass infringements of individual works.
Federal district court allows law firm to rely on narrow privilege under New York law.
Religious beliefs prohibited litigant or his attorney from appearing for two days of trial.
Domestic companies face discovery burdens in U.S. courts from litigation in foreign tribunals.
Courts take different approaches to calculate 30-day removal deadline.
Expanding definition of personal identification information fosters additional litigation against retailers.
Relationship between coworkers a key consideration in Court’s analysis.
Decision creates potential circuit split on “anti-circumvention” rights of copyright owners.
"Overzealous prosecution” is overturned on appeal.
Courts weigh criminal liability under Computer Fraud and Abuse Act.
No evidentiary hearing required before imposing sanction striking defendant’s answer on liability.
Know the rules before handling inadvertently disclosed information.
Agencies do not necessarily need to search for deleted electronic files.
Reminder for litigators that settlement offers are not always inadmissible.
Practical lessons regarding conflicts of interest.
Leadership meeting showcases important research on implicit bias and the Section’s efforts to foster awareness.
Court replaces the economic loss rule with independent duty doctrine.
Pennsylvania disciplinary board cautions attorneys regarding breach of notary statutes.
Prevalence of high-deductible policies may make such bad faith claims more common.
Lack of testing dooms plaintiffs’ design defect case.
Policy disagreement shows growing judicial dissatisfaction with guidelines.
District court strives for predictability in applying exclusionary rule.
Settlement with Google and others ends agreements that DOJ claims were illegal.
Ruling rejects minority view limiting Rule 30(b)(6) deposition to specified topics.
Judge files defamation lawsuit against attorney who accused him of berating colleagues.
Debate continues over possible federal shield law.
Opinion provides guidance on attorney website content and design.
Judge seeks to ensure minority and female lawyers assigned to work as class counsel.
Decision pushes limits of available sanctions for spoliation.
No reasonable expectation of privacy despite strict privacy settings.
State supreme court retires arcane system based on case law, statutes, and court rules.
Majority of jurisdictions apply some form of risk-utility test to design defect claims.
State attorneys general question accuracy of evidence submitted during foreclosure proceedings.
Summary judgment reversed on hostile work environment claim due to improperly discounted testimony.
Reminder for litigators to anticipate and evaluate how witness attire may impact jurors.
Employment litigators address reasons behind the increase and its impact on their practices.
Ethical challenges await attorneys who need to overcome a language barrier with their clients.
Litigators debate impact of FTC report on litigation and arbitration.
Prevalence of high-deductible policies may make such bad faith claims more common.
Decision analyzes application of substantial relationship test to patent litigators.
Decision reminds counsel to demonstrate good faith efforts to secure a witness’s attendance.
Wisconsin Supreme Court vacates arbitration panel’s reinstatement award to former in-house counsel.
Rule 15(c)(1)(C) analysis focuses on the knowledge of the party to be added.
Decision throws jurisdictional status of originally filed CAFA class actions into question.
Work-product protection not necessarily waived by sharing documents with auditors.
Burden to verify counsel’s bar status lies with the corporation.
NCSC report outlines potential changes that could impact litigators.
Courts disagree on propriety of attorneys’ conduct.
High Court split on the validity of business method patents.
Litigators assess the benefits of using online social media.
E-Discovery Panel outlines elements of a new rule on preservation.
District court decision may threaten patents covering thousands of human genes.
Title VII decision invites more intervention from Congress.
CEO public statements and declarations are key considerations.
Copyright infringement claim for resale of publicly filed documents may proceed.
Indigent criminal defendants seek to protect right to counsel.
Bench and bar weigh in on ethical pitfalls of ghostwriting.
Decision shields secondary actors, such as outside counsel, from certain securities fraud claims.
Expert witnesses must remain objective and base opinions on their expertise.
Class arbitration cannot be imposed under FAA unless parties agree.
Attorneys have to work harder to obtain “enhanced” attorney fees for public interest cases.
Attorneys must regularly review online security measures to ensure client protection.
Reaffirmation that lawyers can raise legitimate issues in a case without being sanctioned.
Motion relied on documents outside the four corners of the complaint.
Second Circuit decision raises questions about Internet use and judicial notice.
Attorney advertising cannot mislead the public or discredit the image of the profession.
Expert witness fees quoted for defendant different from fees quoted for plaintiff.
Recent decision in Hertz v. Friend may confuse statute’s underlying purpose.
Economy forces law firms to lay off newer associates and to hire contract attorneys.
Court’s oversight role in approving settlements redefined, despite “half-baked justice.”
New system would hear both trials and appeals of immigrant removal cases.
EEOC suit claimed firm's de-equitizing of partners violates the Age Discrimination Act.
Federal circuit courts disagree on the meaning of “without authorization.”
Failure-to-warn claims against generic drug makers not preempted by FDA labeling statutes?
Court reverses district court’s order to remand case to Kansas under home-state exception.
Government files suit against Kelley Drye for de-equitizing partners after age 70.
Delaware Court letter defines the roles of in-state and out-of-state counsel.
Florida trial court chastised for granting continuance to homeowner.
Decision adopts majority rule among circuits, raises questions about alternative remedies.
Southern District of New York redraws criteria for e-discovery sanctions.
Court holds that press access to juror questionnaires is no invasion of privacy.
Court reverses over $275 million in verdicts against companies accused of manipulating prices.
Advances in medical technology, genetic information carry potential for abuse.
Plaintiffs in Canadian suits granted access to documents produced, under a protective order, in Iowa case.
Intimidation of witnesses deprives defendants of their Sixth Amendment rights.
Use of evidence from social networking sites presents admissibility issues.
Resurgence of interest in national exam sparks debate in legal community.
Ninth Circuit upholds restrictions on legal aid organizations receiving LSC funds.
Decision in U.S. v. Velez, et al. shields attorneys from criminal prosecution under 1988 law.
SEC case pulls courts further into executive pay scandals in wake of financial crisis.
State supreme court overturns court of appeals decision that metadata is not public record.
Court reverses district court’s holding that Chase Bank’s class-action waiver was substantively and procedurally unconscionable.
South Carolina Bar’s Ethics Advisory Committee expands traditional ethics rules to world of web-based ratings services.
Washington Supreme Court's recent decision in Putman v. Wenatchee Valley Med. Ctr. has medical malpractice practitioners questioning future of reform.
Section, Advisory Committee for Civil Rules take comprehensive look at federal civil litigation system.
Second and Fifth Circuit courts allows significant climate change cases to proceed.
United States v. Ruehle serves as stern warning for joint representation.
By Tiffany M. Williams
"Common-interest” privilege parameters still being defined.
Attorney ordered to show corrected version of sloppy motion to his client.
Implementing good business practices, insisting on payment yield positive results.
ABA prevails in federal suit against FTC; lawyers exempt from creditor status.
Fifth Circuit decision sends strong reminder that witness preparation carries risks.
Judges take more active role weighing discovery costs against the needs of the cases.
First Circuit throws the law of work-product protection into disarray.
Professional liability disclosure rules for lawyers reveal diverging trends among states.
SOLACE and HELP programs bridge gaps between lawyers and those in need.
Litigators, plaintiffs should take heed of district court assertion of “patient-litigant” waiver.
Petition for certoriari filed to challenge Eleventh Circuit decision in Williams v. Mohawk Industries.
While many states forge ahead with their own e-discovery laws, others are taking a “wait-and-see” approach.
“Ruse” to appear “humble and simple” triggers motion to compel defense counsel to wear appropriate shoes.
Evidence of failed settlement negotiations may be used to measure attorney fees.
Computer hacking may be next frontier in civil enforcement under Securities and Exchange Act.
NJ decision suggests privilege outweighs employer interests.
Federal district court issues harsh sanctions for violation of in limine order.
MA decision allows law firms to pay future associates to take volunteer clerkships.
Rules of professional responsibility apply to social networking sites.
Divided ruling highlights future battles in disparate-impact cases.
Efforts are underway to reign in or prohibit mandatory arbitration agreements.
Effie D. Silva
New regulation may interfere with balance of interests overseen by insurance departments.
States implementing courts dedicated to resolving complex litigation cases.
High Court sides with businesses and/or the government in five cases.
Recusal required by judges who accept campaign contributions from litigants who appear before them.
Eighty-six-million-dollar reversal leaves questions regarding employee tip sharing.
New York Appeals Court reverses decision causing great concern among legal writing community.
Using tools, skills to manage emails and online information allows lawyers to work smarter.
Courts respond to twittering in jury boxes by “outlawing” social networking activity.
Fourth Circuit decision highlights importance of forum selection.
Proliferation of legal materials online offers promise of reduced research expenses.
Court of Federal Claims case revives debate over salaries, quality of federal judiciary.
Clients and firms look for alternative fee arrangements to reduce legal expenses.
Local rule precludes district court from permitting civil hearing to be broadcast via webcast.
Judge’s remarks in discovery-sanction dismissal created appearance of partiality.
Fleeting expletives on broadcast television are subject to sanction, at least for now.
Prearranged incentives for named class plaintiffs push ethical and procedural boundaries.
Decision highlights perils of joint representation of corporations and employees.
State courts funding crisis continues to result in postponed trials, hampering access to justice.
Following recent U.S. Supreme Court ruling, agency issues proposed endangerment finding.
Could decision eliminate claims against corporate boards for violating duty of good faith?
Notice “as soon as practicable” does not defeat coverage in absence of prejudice to insurer.
Guidance threatens rights of web users anonymously posting defamatory online comments.
Decision allowing attorneys to file actions against former corporate clients pending appeal.
Ruling marks Seventh Circuit's departure from holdings of other circuit courts.
Decision based on decline of print newspapers, rise of Internet-based communication.
Jurisdiction applies to plaintiff state court claims, not defendant counter claims.
Deloitte denied summary judgment in securities class action.
Revised order simplifies public access to criminal plea agreements.
Appeals court decision increases complexity of metadata retention.
Impact of economic downturn creates opportunities for lawyers to serve.
Ruling emphasizes function over form for privilege issues.
Potential conflict between circuits leaves litigators in need of guidance.
Decisions deal blow to arbitration clauses prohibiting class actions.
Panel lead by O’Connor makes case for merit selection of judges.
New digital landscape creates challenges, opportunities for lawyers.
FCPA-related fine smashes existing record by factor of ten or more.