LJN Newsletters

  • How to Defend Rule 30(b)(6) Product Liability Depositions Successfully

    Federal Rule 30(b)(6) requires a corporation to designate a witness in response to a deposition notice that describes with "reasonable particularity" the topics upon which the witness will testify. The potential trial implications of a corporate witness' testimony require counsel to understand his client's product, carefully examine the deposition notice topics, help to identify the proper corporate designee(s) to testify, and thoroughly prepare the designee to testify on the notice topics, among others.

    October 02, 2015Eric L. Probst

  • En Banc Federal Circuit Revives Section 337 Induced Infringement

    The Federal Circuit, in Suprema, Inc. v. Int'l Trade Comm'n,, overturned a 2013 divided panel decision and held that a Section 337 violation based on induced infringement is viable where the underlying direct infringement occurs after importation.

    October 02, 2015Corinna Alanis

  • Too Much Fluor? California Supreme Court Overturns Henkel

    The California Supreme Court recently reversed course and overturned one of its earlier decisions, rejecting consent-to-assignment clauses as a bar to coverage where the loss at issue pre-dates the assignment.

    October 02, 2015Chet Kronenberg, Tyler Bernstein and Benjamin Harris

  • NLRB General Counsel Shines Guideline Light on Employer Work Rules

    The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.

    October 02, 2015Thomas G. Servodidio and Adam Keating

  • Overcoming Challenges In Transferring Technology In Academia and Beyond

    University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. For-profit companies worldwide engage in a similar process; however, universities face unique challenges in these efforts.

    October 02, 2015Randi Isaacs, Stacy Fredrich and Alyssa Walker

  • Employees with Duty to Report Bias Protected from Retaliation

    The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to Hagan v. Echostar Satellite.

    October 02, 2015Jeffrey Campolongo

  • At the Intersection: Communication Babble, Redux

    The authors began their two-part series on "communication babble" in the July Issue of this newsletter They conclude herein with "an only slightly disguised true story."

    October 02, 2015Pamela Woldow and Doug Richardson

  • AshleyMadison.com Says 'Doe' Claims Not Valid

    The parent company of extramarital site AshleyMadison.com said it plans to get lawsuits filed in the wake of its recent security breach tossed out by arguing that the plaintiffs have improperly used "Doe" pseudonyms and that their claims belong in arbitration.

    October 02, 2015Amanda Bronstad