Litigation

The U.S. Supreme Court on September 13 denied a request by Backpage.com's chief executive to block a congressional subpoena to produce business documents in a sex trafficking investigation.

Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.

Analysis of a case in which it was ruled that a bankruptcy trustee can seek med-mal damages .

The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government's efforts to pressure corporations to waive the attorney-client privilege or work-product protection.

New York Attorney General Eric Schneiderman had declared online fantasy sports a form of illegal gambling, ordering industry giants DraftKings and FanDuel to shut down operations in a state that generated about 10% of the companies' revenues. The companies countered by suing. Then, faced with enormous legal costs, the companies chose a second course of action. They would pursue state legislation to legitimize their operations while offering consumer protection language ' and a cut in revenues ' in return.

In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.

Full and frank communication with another party's legal counsel is often necessary effectively to defend a client and to ensure compliance with the law. Thus, the question, "Under what circumstances may a company share privileged information with a third party?" is an important one.

The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.