Litigation News

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Courts Split on Whether Receipts Confer Article III Standing
By Kelso L. Anderson – May 3, 2019
When statutory violation may be enough to meet the concrete injury requirement.

Websites May Be Places of Public Accommodation Subject to the ADA
By Anthony R. McClure – March 18, 2019
Eleventh Circuit decision highlights trend toward requiring online accessibility.

Model Rules on Attorney Advertising Are Streamlined
By Catherine M. Chiccine – March 1, 2019
Rules 7.1 through 7.5 are streamlined and clarified to keep pace with technology.

Access to Counsel in Immigration Proceedings
By Matthew S. Mulqueen – February 20, 2019
Appointment of counsel for indigent and minor respondents draws support.


ABA Working Group Tackles Mental Health and Substance Use Crisis
By Matthew S. Mulqueen – December 18, 2018
Group asks legal employers to take leading role in improving attorney well-being.

Independent Contractors Might Actually Be Employees
By Kelso L. Anderson – November 23, 2018
Broad view of wage order places burden on employers.

There's No Place Like Home—To Establish Personal Jurisdiction
By Anthony R. McClure – September 1, 2018
Recent decisions limit the ability to forum shop.

Slamming the Brakes on Nationwide Class Actions
By Stephen Carr – August 31, 2018
State law differences drive settlement of class actions off track.

Law Firm at Risk for Nonspecific Scope of Representation
By Adam E. Lyons - August 16, 2018
Unbundled legal services offer new opportunities and challenges.

New Federal Evidence Rule Changes Reflect Modern World
By Carl A. Aveni – April 23, 2018
Rule 902 streamlined to allow self-authentication of electronic evidence.

Courts and the Profession Policing Sexual Harassment Internally
By Lauren M. Gregory – April 26, 2018
#MeToo hits the legal industry.

Data Breach Ruling Potentially Narrows Scope of Privilege and Work-Product Assertions
By Kelso L. Anderson – May 7, 2018
Factual setting opens door for discovery of business data and communications.

New Test for Forum Selection Clauses
By Matthew S. Mulqueen – February 1, 2018
Although the new test is not flawless, it seeks to harmonize the competing private and public interests that govern such cases.

Attorney Error Results in Massive Leak of Privileged Client Data
By Catherine M. Chiccine – January 22, 2018
Inadvertent production results in leaked confidential information of 50,000 bank customers.

Your Data Was Stolen, But Not Your Identity (Yet)
By Kristen L. Burge – January 11, 2018
Majority consensus grows on the scope of permissible data breach standing.


The New Wave of Non-Competes
By Joseph P. Beckman – October 25, 2017
Are they enforceable?

Court Blocks Amended Class Designation Aimed at Forcing Remand
By Carl A. Aveni – October 18, 2017
Plaintiffs cannot amend post-removal to frustrate diversity jurisdiction.

Online Client Referral Programs Condemned as Unethical
By Lauren M. Gregory – October 10, 2017
Increasingly, states are banning attorneys from participating.

How Private Is Your Home in the Age of Alexa?
By Carl A. Aveni – June 29, 2017
Amazon asserts First Amendment to shield customer’s search requests from warrant.

Constitutional Concerns Lead to Rejection of Daubert Test
By Kelso L. Anderson – June 20, 2017
State high court discards prevailing standard for scientific evidence admissibility.

Circuit Split on Jurisdictional Test for Post-Award Arbitration Petitions
By Sara E. Costello – June 14, 2017
First Circuit deepens split over federal court review of arbitration awards.

Law Firm Cybersecurity Breach Opens Door to Lawsuit
By Joseph P. Beckman – March 30, 2017
Potential ethics and malpractice issues are front and center.

New Model of Attorney Regulation under Consideration
By Katerina E. Milenkovski – March 23, 2017
Could proactive management-based regulation be coming to your state?

A Practitioner’s Guide to the 2016 Federal Rule Amendments
By Lauren M. Gregory – March 17, 2017
New rules reflect practical realities of litigation.

Procedural Dismissal Leads to Substantive Loss
By Adam E. Lyons – February 20, 2017
Denial of untimely motion to amend precludes claims in subsequent suit.

Class Action Waivers Hang in the Balance
By Sara E. Costello – February 12, 2017
A deep circuit split over class action waivers is poised for Supreme Court review.

OSHA Enacts Settlement Agreement Rules in Whistleblower Cases
By Kelso L. Anderson – February 2, 2017
New guidelines impose restrictions on employers’ terms discouraging protected activity.