2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices
October 02, 2015
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.
Forum Selection Clause Held Waiver of Removal Right
October 02, 2015
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?
<i>Ariosa Diagnostics v. Sequenom </i>
October 02, 2015
On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> 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.
Legal Departments and Law Firms
October 02, 2015
The 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.
Using Digital Tools To Assess and Remedy Online Reputational Damage
October 02, 2015
The 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.
Electronic Chattel Paper
October 02, 2015
One 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?
Court Watch
October 02, 2015
Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last? <br>Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them
<b><i>Online Extra:</b></i> U.S. and UK Corporations Sustain High Levels of Digital Vulnerabilities
October 01, 2015
If 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?
