Litigation

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A recent United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery to obtain materials for use in international arbitrations.

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An in-depth analysis of recent rulings.

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As the financial crisis has deepened, the pressure for prosecutions from politicians, the media and the public has grown. In turn, federal and state law enforcement and regulatory agencies have devoted vast resources to investigating the crisis.

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QVC to Pay $7.5 Million to Settle Charges That It Aired Deceptive Claims <br>Credit Repair Companies Charged with Deceiving Consumers

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There are several often-overlooked strategies for defending against trade-misappropriation claims. The first I call the Trade Secret Per Se Doctrine. The second pertains to open-source software. Both of these strategies need to be fully considered in appropriate trade-secret misappropriation cases, to which e-commerce counsel are no strangers.

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Blogs simultaneously provide Internet users with social-network prospects and employers with a previously unavailable source of information suitable for employment-assessment decisions. And it's in this intersection on the Information Superhighway where often occurs a collision of worlds, perspectives and direction that frequently cripples or kills prospects, and individuals' aspirations. Employees of e-commerce companies aren't immune to such collisions, nor are agents of the companies who gather data on prospective or current employees, if they go about their work unlawfully, or in other improper ways that could lead to legal or other types of regulatory action.

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This article explores some of the legal and practical considerations that go into lifting a litigation hold and minimizing the risk of the activity.

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The Supreme Court handed down its decision last month in the case of <i>Wyeth v. Levine</i>, ruling that federal law did not bar plaintiff Diana Levine from suing pharmaceutical maker Wyeth over allegedly insufficient drug safety warnings, even though the warnings had been approved by the Food and Drug Administration (FDA). This decision establishes the troubling precedent that a sympathetic jury can now supersede the expert opinions of the FDA on what qualifies as adequate safety labeling.