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Litigation

  • The time has come for medical malpractice expert causation testimony to fall in line with that employed in toxic tort cases, rightfully valuing proven scientific conclusions over experience-based expert opinion.

    April 29, 2013Gary Lovell and Kristen M. Kelley
  • After the D.C. Circuit Court's ruling in Noel Canning v. NLRB , many employers celebrated the apparent demise of NLRB decisions that they viewed as unfavorable. Some of the most employer-unfriendly and controversial decisions are discussed herein.

    April 27, 2013Matthew C. Lonergan and Summer Austin Davis
  • Last month, the authors noted that developments in the labor and employment area are proliferating at a rapid pace. The discussion continues herein.

    April 27, 2013J. Ian Downes, Jennifer L. Burdick, Kate Ericsson and Jeffrey W. Rubin
  • In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.

    April 26, 2013Robert Sidorsky
  • Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.

    April 26, 2013Karen Grande, John Whitlock, Steven B. Smith and Theodore Orson
  • Highlights of the latest intellectual property cases from around the country.

    March 29, 2013Howard J. Shire and Bradley Roush
  • Aereo Inc.'s pitch is this: With one of its tiny antennas, no bigger than a dime, viewers can watch television through the Internet. But this is erupting into a litigation nightmare for broadcasters. The fight boils down to whether the broadcasters' copyrights for their shows give them control over how the shows are distributed.

    March 29, 2013Sheri Qualters
  • In SOFA Entertainment, Inc. v. Dodger Productions, Inc., the U.S. Court of Appeals for the Ninth Circuit considered whether it was "fair use" under the Copyright Act for the award-winning musical "Jersey Boys" to use a seven-second clip of Ed Sullivan's introduction of the Four Seasons rock band on "The Ed Sullivan Show" that aired in 1966.

    March 29, 2013Judith L. Grubner