Posts tagged with: "litigation"
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4 Dec 0001, 4:00 pm by Joshua Horn
Both the industry and customers liked FINRA arbitration because it was a relatively cost effective dispute resolution forum.  With FINRA Notice to Members 13-21 and effectively doing away with having an industry person on the panel, FINRA has just made arbitration more expensive for everyone. Without any industry presence on the panel, both customers and firms will have little choice but to present expert testimony to explain their respective positions regarding the investments at issue. … [read post]
18 Apr 2014, 3:20 pm by Dan Harris
One of our China lawyers got the following email this week (modified a bit to avoid any identifiers): I am certain you hear this everyday…”my supplier has disappeared with my deposit.” For the first time in 20 years it has just happened to me. We are a small family business in Illinois importing promotional products from China for many years. I have been dealing with one trader since 2007. She sources almost 50% of my products and always delivers quality, on-time shipments. She… [read post]
18 Apr 2014, 1:24 pm by Jacob Gershman
A New Jersey woman is suing the state's motor vehicle commission for refusing to let her have a personalized license plate identifying her as an atheist. [read post]
18 Apr 2014, 12:00 pm by smathur
Here’s an interesting story that we read about over at Courthouse News. Before we get into it, though, it’s worth pointing out that the plaintiff in this matter goes by the name “Lemon Juice”. So, keep that in mind as we proceed. You may have heard about the trial of Nechemya Weberman, an orthodox Jewish religious leader in Brooklyn, who was convicted in early 2013 of 59 counts of sexual abuse of a child. During the trial, the judge had issued a strict rule forbidding anyone… [read post]
18 Apr 2014, 11:23 am by John Stigi
In Yates v. Municipal Mortgage & Equity, LLC, No. 12-2496 (4th Cir. Mar. 7, 2014), the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78(b), against defendant Municipal Mortgage & Equity (“MuniMae”) and its individual officer and director defendants.  The Court held that plaintiffs failed to plead facts… [read post]
18 Apr 2014, 10:42 am
New Albany, Indiana - An Indiana copyright attorney for Broadcast Music, Inc. of New York, New York ("BMI"), Sony/ATV Songs LLC, Fall Out Boy, Inc. d/b/a Chicago X Softcore Songs, Beechwood Music Corporation, and Universal Music-Z Tunes LLC d/b/a Universal Music Z Songs sued in the Southern District of Indiana alleging that The Irish Exit, LLC d/b/a The Irish Exit and Matthew McMahan, both of New Albany, Indiana, committed willful copyright infringement. All copyrights-in-suit have been registered… [read post]
18 Apr 2014, 9:28 am by Kristen Fries
The link to the transcript for the March 31, 2014 oral arguments before the SCOTUS in Alice Corp. v CLC Int’l can be found here. Background: Alice Corporation, petitioner, owns the four patents-in-suits which are directed toward a computerized trading platform for the execution of a previously agreed-upon exchange, known as “settlement.” The inventions include electronically maintained accounts for each party in the settlement and after receiving transactions from each party, the… [read post]
18 Apr 2014, 9:23 am by Pete Strom
Motion Filed to Consolidate AndroGel Testosterone Therapy Lawsuits On March 28th, plaintiffs filed a motion to consolidate all lawsuits against AndroGel, manufactured by AbbVie Inc and Abbott Laboratories, into one multidistrict litigation (MDL). The motion requested that the AndroGel testosterone therapy lawsuits be consolidated in the US District Court of Illinois. Plaintiffs requested the motion because […] [read post]
18 Apr 2014, 9:15 am by John Hopkins
In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems. Example Email sent during product development: “ Jim – I am writing to you because of the problems I have found during my evaluation of project 249, preliminarily named Mustang. I really think you should talk to Carla Basher about the detailed engineering aspects to… [read post]
18 Apr 2014, 9:15 am by John Hopkins
In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems. Example Email sent during product development: “ Jim – I am writing to you because of the problems I have found during my evaluation of project 249, preliminarily named Mustang. I really think you should talk to Carla Basher about the detailed engineering aspects to… [read post]
18 Apr 2014, 8:18 am by Julie Brook, Esq.
It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. A common way to refresh a witness’s recollection is with a writing. Keep in mind that opposing counsel is entitled to inspect the document you want to use, cross-examine the witness about it, and introduce parts of it into evidence. Evid C §771. And don’t be tricked… [read post]
18 Apr 2014, 8:18 am by Julie Brook, Esq.
It’s common for witnesses forget facts while testifying—often due to nerves and sometimes due to selective memory. The good news is that you can use almost any item to refresh a witness’s recollection. A common way to refresh a witness’s recollection is with a writing. Keep in mind that opposing counsel is entitled to inspect the document you want to use, cross-examine the witness about it, and introduce parts of it into evidence. Evid C §771. And don’t be tricked… [read post]
18 Apr 2014, 8:14 am by Jim Smerbeck
The rise of Internet commerce has brought with it inconsistent laws and court decisions across states as to whether retailers that have no physical presence in a state, but solicit sales online, must collect sales tax from customers.  The federal government has provided no guidance, ensuring the state-by-state differences would remain.  On Cyber Monday, December 2, 2013, the Supreme Court denied petitions for certiorari in Overstock.com, Inc. v. N.Y. Dep’t of Taxation and Fin., 20… [read post]
18 Apr 2014, 8:14 am by Jim Smerbeck
The rise of Internet commerce has brought with it inconsistent laws and court decisions across states as to whether retailers that have no physical presence in a state, but solicit sales online, must collect sales tax from customers.  The federal government has provided no guidance, ensuring the state-by-state differences would remain.  On Cyber Monday, December 2, 2013, the Supreme Court denied petitions for certiorari in Overstock.com, Inc. v. N.Y. Dep’t of Taxation and Fin., 20… [read post]
18 Apr 2014, 7:28 am by Jacob Gershman
Virginia's highest court has denied a conservative group's effort to force the University of Virginia to turn over emails from a controversial climate scientist who worked at the school [read post]
Editor's Note: Mary Jo White is Chair of the U.S. Securities and Exchange Commission. This post is based on Chair White’s remarks to the Securities Industry and Financial Markets Association (SIFMA) 2014 Compliance & Legal Society Annual Seminar; the full text, including footnotes, is available here. The views expressed in this post are those of Chair White and do not necessarily reflect those of the Securities and Exchange Commission, the other Commissioners, or the Staff. I have… [read post]
18 Apr 2014, 6:00 am by smathur
Last month, the Internet focused one of its trademark 24-hour outrage cycles on Microsoft, after news emerged that the company had  scanned a user’s Hotmail inbox in order to trace the source of a Windows 8 leak. Here’s The Independent with a more precise account: Microsoft is facing a storm of criticism over its privacy policies after it admitted that it had read the email inbox of a blogger while investigating a leak at the company. Alex Kibalko, who previously worked at… [read post]
17 Apr 2014, 11:12 pm by Florian Mueller
The Apple v. Samsung II trial continues today with Samsung's challenges to Apple's asserted patents. In this context, Apple's counsel attacked the credibility of a Samsung expert witness, as journalists including MLex' Mike Swift (on Twitter) reported, by pointing out that he was paid $220,000 for Samsung for his work (by comparison, one of Apple's two damages experts made ten times that amount) unlike the examiners of the United States Patent and Trademark Office (USPTO).While it's obvious that… [read post]
17 Apr 2014, 10:02 pm by Dan Flynn
Knowledge is a powerful thing, especially where it comes into play in a federal criminal case. A new dispute has erupted between government and defense lawyers in the pre-trial proceedings involving former Peanut Corporation of America chief executive Stewart Parnell’s all-over knowledge. Government prosecutors say Parnell’s defense attorneys have misstated the law regarding whether knowledge is an essential element of any of the offenses charged, and that they should get a… [read post]
17 Apr 2014, 9:59 pm by Florian Mueller
In the ongoing Apple v. Samsung II trial in the Northern District of California, Apple's lawyers try hard to downplay Google's role, though it's blindingly obvious that Google is the true target of Apple's second California lawsuit against Samsung. Usually a twelve-mile drive (from Cupertino to Mountain View) is more convenient than a twelve-hour flight (from San Francisco to Seoul), but in this case, Apple seeks to benefit from the statistically-established bias of U.S. jurors against foreign… [read post]