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Litigation

  • While social media profiles can present a trove of data points for jury selection — one that legal tech companies are eager to mine — researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.

    June 02, 2017Ben Hancock
  • A discussion of a case in which the United States Supreme Court faced a claim by the City of Miami that two banks had violated the federal Fair Housing Act by issuing loans to black and Latino customers on terms less favorable than loans issued to similarly situated customers who were white and non-Latino.

    June 02, 2017Stewart E. Sterk
  • Much can be learned about the entertainment industry by comparing how those who perform services or license rights in their works are compensated under agreements to which they are a party. Some compensation in those agreements is fixed and essentially guaranteed, such as advances and flat fees. Other types, which are the subjects of this article, are contingent.

    June 02, 2017Michael I. Rudell and Neil J. Rosini
  • Analysis of three recent decisions from the Delaware Court of Chancery that provide useful legal insights for corporate executives and those who counsel them.

    June 02, 2017Francis G.X. Pileggi
  • Anti-SLAPP Legislation and the Defamation Claim

    Part Two of a Two-Part Article

    In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.

    June 02, 2017Janice G. Inman
  • New York's Appellate Division, Second Department, has barred a medical malpractice defendant from submitting into evidence Facebook posts of the plaintiff, allegedly describing his physical activities, for lack of proper authentication.

    June 02, 2017ljnstaff | Law Journal Newsletters
  • One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.

    June 02, 2017Robert B. Milligan and D. Joshua Salinas