Litigation

The Lessons of History

In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation.

A New Obstacle to D&O Recoveries for Creditors

No matter how meritorious a claim may be, its ultimate value to creditors depends upon one thing — whether there is a viable source to satisfy any judgment obtained, since many D&Os do not have sufficient personal assets to satisfy any significant damages that may be awarded.

New York's Economic Loss Rule is purportedly a simple common law principle. However, its evolution and application have proven to be quite the opposite. It can significantly minimize exposure in many cases, and in some instances result in the complete dismissal of a claim.

Discussion of a pelvic mesh verdict.

Boots Litigation Involving John Wayne's Persona To Be Heard in California, Instead of Texas
Distinguishing Between Burden of Proof for California Statutory and Common Law "Likeness" Violation Claims
Interpreting Jury Verdict in Quincy Jones' Music Royalty Case

Fed. Cir. Vacates Lack of Written Description Ruling In Interference
Federal Circuit Vacates Unclear Application of “Causal Nexus” Requirement to Prove Irreparable Harm

Analysis of a case in which a German national admitted to taking part in a 2001 to 2004 scheme to pay roughly $3 million in bribes to Haitian officials in return for favorable treatment from Teleco, a state-owned telecommunications company.

A look at important cases in e-discovery so far this year.