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Litigation

  • Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed.

    December 31, 2015John L. Tate
  • Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.

    December 31, 2015Shari Claire Lewis
  • In ClearCorrect Operating, LLC v. ITC, the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.

    December 31, 2015Bryan Kohm and Stefan Szpajda
  • In mid-December, Manhattan Supreme Court Justice Manuel Mendez granted N.Y. Attorney General Eric Schneiderman's motion to halt daily fantasy sports (DFS) sites DraftKings and FanDuel from doing business in the state.

    December 29, 2015Andrew Denney
  • In today's litigious environment, many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. This article discusses some of the more common mistakes occurring in this minefield, and strategies to consider when such claims are filed.

    November 30, 2015George F. Camerlengo
  • Federal Circuit Affirms Anticipation of Claims
    Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled
    In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness

    November 30, 2015Howard J. Shire and Brent T. Hagen