The UIDDA and How It Affects the Out-Of-State Subpoena Process for State Cases
By Adam R. Prinsen – December 29, 2015
The act provides a standardized means for litigants to take depositions and obtain discovery from individuals and entities located out of state.
Lay Opinions vs. Expert Testimony under the Federal Rules of Evidence
By Kerry L. Gabrielson – December 22, 2015
Understanding how your particular court interprets the scope and requirements for lay opinions and expert-witness testimony is essential to develop your case strategy.
How the December 1 FRCP Changes Affect Document Production and Failure to Preserve
By Megan Rose – November 30, 2015
A road map for navigating the new amendments that every litigator should consider moving forward.
Upcoming Amendments to FRCP 26: What Every Litigator Needs to Know
By Michael Mather – November 30, 2015
Failure to heed the new rule may lead to costly discovery disputes.
How the December 1 FRCP Amendments Affect E-Discovery Policies
By Greg Hearing – November 25, 2015
The revised rules place an increased emphasis on the early identification of potential ESI.
Four Things Every Practitioner Needs to Know About New FRCP 34
By David Konkel – November 24, 2015
The amendments to Federal Rule of Civil Procedure 34 go into effect on December 1, 2015.
Nearly 80 Years Later, "Happy Birthday" Lyrics Now Public Domain
By Michael Paretti – October 30, 2015
This case serves as a reminder of the importance of a valid copyright over intellectual property.
Top Ten Considerations to Achieve Effective Corporate Internal Investigation
By Brian Spahn and Sean Bosack – October 30, 2015
A guide for counsel once the whistle blows.
NCAA's Compensation Rules Not Exempt from Antitrust Scrutiny
By Casey G. Perkins – September 30, 2015
O'Bannon wins again, but players still can't receive compensation for use of their likeness.
EPA's Clean Power Plan: Challenges to Reducing Carbon Emissions
By Jessica Moyeda – September 30, 2015
There is significant uncertainty surrounding implementation of the CPP.
Victims of Data Breach Have Standing to Sue, Seventh Circuit Reaffirms
By Michael Paretti – September 24, 2015
The Seventh Circuit’s holding may have vast impacts on data-breach law for corporations, and opens the door for more data-breach class-action litigation.
Companies Must Consider Yates Memo When Responding to Alleged Misconduct
By Eric J. Wilson and Sean O'D. Bosack – September 23, 2015
The Yates Memo gives the determination of individual culpability renewed emphasis.
Scrutiny of Class-Counsel Fee Awards Continues
By Greg S. Hearing – August 31, 2015
Two recent cases are the latest in a long line of recent precedent addressing the appropriate fee to be paid to class counsel.
KBR Narrowly Escapes (Again) Ruling That It Waived Privilege
By Brian C. Spahn – August 21, 2015
The D.C. Circuit’s KBR decision demonstrates that counsel must be careful how to rely on the results of internal investigations during litigation.
Ninth Circuit Addresses Preemption in Recent Labeling Cases
By Greg Boulos – August 17, 2015
The court recently addressed preemption in the context of food and cosmetic labeling.
Violent Conduct Excluded Employee from Being "Qualified Individual" under ADA
By Aleem A. Dhalla – August 7, 2015
The Ninth Circuit held that an employer must, in some instances, do what is necessary to protect its workforce against potentially violent employees.
The Importance of Pre-Litigation Preservation of Evidence
By Jennifer Braster – July 31, 2015
Preserve evidence or be subject to sanctions.
BOA Sued for Alleged Misrepresentations Regarding Residential Loans
By Kendal L. Weisenmiller – July 27, 2015
A glaring reminder that the mortgage crisis continues to impact lenders, insurers, and potentially the residential lending market as a whole.
Feds Finalize Birth-Control-Mandate Opt-Out
By Alexi Layton – July 27, 2015
The HHS issued an order spelling out detailed policies for religious nonprofits and closely held for-profit corporations to avoid covering contraceptives for employees.
A Good Reminder to Always Double-Check Subpoenas
By Jennifer Braster – July 20, 2015
It is very easy to make a simple mistake that may cause unnecessary delay in a case.
SCOTUS Upholds Disparate-Impact Theory; Big Blow to Developers and Lenders
By Robin E. Perkins – June 29, 2015
A recent ruling allows plaintiffs to assert racial-discrimination claims against developers and lenders, without establishing any element of intent.
"Crude Managerial Style" Insufficient to Establish Discrimination
By Robin E. Perkins – June 29, 2015
The U.S. Supreme Court ruled that a manager’s crude comments and “contemptible” behavior toward an older employee were insufficient to constitute age or sex discrimination.
SCOTUS Issues Ruling on Pregnancy-Discrimination Case
By Aleem A. Dhalla – June 17, 2015
The Court gives the Pregnancy Discrimination Act more bite than before.
Yahoo Faces Nationwide Class Action for Email Mining
By Alexi Layton – June 17, 2015
Entities with practices similar to those at issue here should be aware of the potential litigation and be prepared to defend similar practices.
Data Security Act Would Create National Standard
By Sherry Ly – May 27, 2015
Currently, the inconsistent and conflicting standards pose difficulties to companies operating in multiple states.
Congress Sharpens Federal False Claims Act's Teeth
By Carrie Parker – May 27, 2015
Make sure that the wrongdoing of companies you do business with does not become your legal liability.
SCOTUS Lets Stand Decision in Favor of CA Truck Drivers
By Robin E. Perkins – May 15, 2015
The Court refused to consider whether preemption applies to California worker-protection laws.
Are You a Good Supervisor? Tips to Improve Your Supervising Skills
By Robin E. Perkins – May 11, 2015
A summary of discussion points and advice from the ABA’s Career Center and Center for Professional Development.
If Receiver's Sales Aren't Foreclosures, Then What Are They?
By Ben Reeves and Bob Olson – March 31, 2015
The Supreme Court of Nevada recently addressed this question.
Can Hotels Legally Block Wi-Fi Hot Spots?
By Patrick X. Fowler – March 25, 2015
The FCC says no, and fines a hotel $600,000 for doing it.
Ever-Expanding Attacks on Non-Traditional "Employers"
By Erin Leach – March 9, 2015
Since when am I the boss?
SCOTUS Gives District Courts More Power in Patent-Claim Construction
By David G. Barker and Nicholas M. Kunz – March 9, 2015
The Court dissolved a long-standing precedent.
Department of Labor Expands FMLA Coverage for Same-Sex Spouses
By Jennifer R. Phillips – February 27, 2015
Same-sex spousal rights, particularly in the area of employment law, are in a state of flux.
How Do You Prove Juror Misconduct after a Trial?
By Jonathan Murphy – February 23, 2015
The U.S. Supreme Court recently provided an example of how not to prove voir dire misconduct in a post-trial motion.
Feds Release Proposed Regulations for Unmanned Aircraft Systems
By Troy D. Roberts and Patrick X. Fowler – February 23, 2015
The government speaks on private use of drones.
What Is the "Internet of Things" and What Are Its Legal Challenges?
By Kelly Wilkins – February 23, 2015
By 2020, it’s estimated that 50 billion things will be connected to the Internet.
NLRB: Employees May Use Employer Email for Nonwork Purposes
By Gerard Morales – January 28, 2015
The board also expanded the right to wear union insignia.
Florida Appellate Court: No Right to Social Media Privacy
By Robin E. Perkins and Casey G. Perkins – January 23, 2015
For defendants, another valuable tool in responding to personal-injury claims by ensuring access to relevant information regarding a plaintiff’s physical injuries and quality of life. For plaintiffs, another cautionary reminder of the relevance and potentially damaging impact of a client’s social-media postings.
SCOTUS Resolves Truth in Lending Act Circuit Split
By M. Lane Molen – January 16, 2015
The Court held that borrowers exercising the right to rescind under TILA need only provide written notice to the lender within the three-year period.
Disputes over Interstate Compacts Increase
By Cynthia M. Chandley, L. William Staudenmaier, Karlene E. Martorana, and Christopher W. Payne – January 14, 2015
It is likely that the current interstate disputes are harbingers of future compact challenges.