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Litigation

  • Analysis of a case in which a utility company was convicted for regulatory violations based on corporate collective knowledge .

    October 20, 2016ljnstaff
  • Contracts between a corporation and a corporate director can give rise to certain difficulties in managing expectations of the director's obligations and responsibilities. Such contracts may create obligations that extend beyond those fiduciary duties inherent to the director position. This extension of the director's role may increase the risk of a conflict between a director's contractual obligations and his fiduciary duties.

    October 18, 2016Richard Birns, Benyamin Ross and Andria Montoya
  • Former hedge fund manager Steven Lamar, who helped launch Dr. Dre's Beats headphones a decade ago, won the right to go to trial against the rap artist and record producer after the California Court of Appeal revived his $100 million case over unpaid royalties.

    October 18, 2016Amanda Bronstad
  • With four IP cases on the docket and several more knocking at the door of certiorari, the U.S. Supreme Court is poised for a banner year of patent, trademark and copyright decisions.

    October 18, 2016Scott Graham
  • Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.

    October 01, 2016Thomas Harvey
  • Analysis of a case in which it was ruled that a bankruptcy trustee can seek med-mal damages .

    October 01, 2016
  • 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.

    October 01, 2016Jonathan Bick
  • 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.

    October 01, 2016Cheryl Miller
  • 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.

    October 01, 2016Bruce A. Langer