The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.
- October 02, 2015Bill Piwonka
A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?
October 02, 2015Barry M. Klayman and Mark E. FelgerThe International Association of Defense Counsel (IADC) recently conducted its 2015 Inside/Outside Counsel Relationship Survey in order to gain a better understanding of the relationship between lawyers in corporate legal departments and lawyers in law firms. The results are reported herein.
October 02, 2015Joseph E. O'Neil and Alfred R. PalianiOn June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in Ariosa Diagnostics, affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
October 02, 2015David L. Walker and Angela L. MorrisonOne of the significant benefits bestowed upon chattel paper financers is the ability to perfect a security interest via possession, and in so doing potentially achieve priority over pre-existing secured lenders who perfected by filing a UCC Financing Statement. Now, the system is moving toward electronic chattel paper. What does this mean?
October 02, 2015Benjamin J. CourtThe speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
October 02, 2015Lucinda Bach, Mary Gately and Craig KronenbergerSummary Judgment for Domino's in Death of Franchisee's Employee: Will It Last?
Franchisor That Sleeps on Its Rights May Not Be Able to Enforce ThemOctober 02, 2015Darryl A. HartColleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.
October 01, 2015Marisa KendallIt was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.
October 01, 2015Amanda BronstadIf there is any major concern corporations bear this year having watched last year's round of large-scale, invasive, expensive data hacks, it is the one of cyber security. In 2015, Centrify ' an identity management company ' surveyed more than 400 IT decision makers in the U.S. and UK to grasp the scope of how secure they believe they are and should be. The group asked: How much are hackers costing organizations that don't make the front page like Sony?
October 01, 2015Juliana Kenny

