The Global Impact of the EU's New Rules on Data Privacy
When Facebook began readying its IPO, the social network's S-1 regulatory filing to the Securities and Exchange Commission (SEC) ticked off a list of potential risk factors ' among them, global data privacy regulations that could impact the business.
Leveraging the Seventh Circuit e-Discovery Principles to Contain Litigation Costs
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Corporations have had to become more strategic about how they handle litigation, especially during the discovery phase, in order to manage this increasing expense. Properly employing the Seventh Circuit Electronic Discovery Principles, even if you're not in that jurisdiction, is one strategy that will help contain litigation costs.
Banner Holiday Retailing Shows Economy Is Improving, if Slowly
Who had a blue Christmas last year? Not retail e-commerce companies. Their holidays were decidedly green.
Online Search and the Law
Although U2's Bono praised the virtues of a constant search for the object of his desire in song, anyone looking online for needed business information certainly won't find that quest quite as romantic, or enjoy spending time and money for the privilege.
Features
Amended FRCP 26
Habitually filing <i>Daubert</i> motions for every opposing expert is not smart trial practice. Here's why.
Features
Court Restores $28 Million Punitives Award in HRT Case
The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
IP News
Highlights of the latest intellectual property news from around the country.
In re Construction Equipment
If the Federal Circuit affirms a lower court verdict holding a patent not invalid over a prior art reference, may the losing party ask the Patent Office to invalidate that patent via re-examination over the same prior art reference? In the case of <i>In re Construction Equipment</i>, the Federal Circuit answered yes, raising important issues bearing on the scope of the re-examination statute, the finality of judgments, and the relationship between the Patent Office and the federal judiciary under the separation of powers doctrine of the Constitution.
Lies, Damned Lies, and Addictions
As explained in the introduction last month, this article explores the role of addiction in product liability litigation. Part Two herein explains the medical model of addiction, and addiction in the courtroom.
Internet 2.0: Jurisdictional Risks in Today's Cyber World
With the explosion of the Internet in the last several decades, courts have struggled with whether tortious conduct on a website is expressly aimed at any, or all, of the forums in which the website can be viewed. Two recent Ninth Circuit cases expanded the reach of Internet jurisdiction and may carry significant implications.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
