Litigation

Commentary on the latest cases.

Recent rulings of importance to you and your practice.

A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In Quon v. Arch Wireless Operating Co, Inc. et al., the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.

State rulings of interest.

An analysis of the Second Chance Act of 2007, Pub. L. No. 110-199, 122 Stat. 657 (2008), which provides opportunities for white-collar offenders to reduce the amount of time spent in prison.

After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on prosecuting businesses on Aug. 28, 2008. A close look at the fine print, however, shows that not much has changed.

In a much anticipated opinion, the Second Circuit has affirmed the dismissal of an indictment against 13 former partners and employees of the accounting firm KPMG, who were charged with creating fraudulent tax shelters. United States v. Stein. This article discusses the case in depth.

At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.