Posts tagged with: "litigation"
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21 Dec 2011, 7:27 am
May I draw your attention to this conference, presented by the IBA Litigation Committee and the IBA Corporate Counsel Forum. Judge Rakoff will be our key note speaker. I will be one of the panellists on the topic of “extraterritorial reach of domestic law in cross-border litigation.” It would be great to see you in New York next May!The programme and the booking details - early bird discount before March 31, 2012 -have just been published. IBA’s invitation says this about the… [read post]
3 Oct 2012, 6:01 pm
Over the course of the past 20 years, the Virginia Supreme Court has tweaked the law governing non-compete agreements. In its latest case, the Court came full circle by invalidating a non-compete agreement that used the same language the Court had upheld 20 years earlier in a case involving the same company.
As we have written before, trial courts will enforce non-compete agreements when the agreements (1) are narrowly drawn to protect the employer’s legitimate business interest, (2) are not… [read post]
24 Jan 2011, 4:58 pm
I don't spend too much time on products liability issues, but Wyeth v. Levine was a major ruling in the area of federal preemption, and its reach is still being tested. In Gaeta v. Perrigo Pharmaceuticals Company (9th Cir. Jan. 24, 2011), the Ninth Circuit agreed with two Courts of Appeals and all of the district courts to consider the issue of whether federal law preempts state law failure-to-warn claims against generic manufacturers.
In Wyeth v. Levine, 129 S. Ct. 1187 (2009), the Supreme Court… [read post]
15 Sep 2011, 10:26 am
A federal jury returned a stunning, $919 million verdict yesterday for DuPont in a trade secret theft case. In E.I. du Pont de Nemours v. Kolon Industries, the verdict was the culmination of a two-and-a-half year battle that DuPont waged against Kolon Industries to prove that Kolon had misappropriated key aspects of its formula for Kevlar®.
The court delivered a decisive blow shortly before trial when it found that Kolon had destroyed emails and other electronically stored information linking it… [read post]
31 Dec 2012, 2:59 pm
By Henry M. Sneath, Esq. – Chair of the Picadio Sneath Miller & Norton, P.C. Intellectual Property Group. Contact him at hsneath@psmn.com
Last week a Pittsburgh federal court jury found on behalf of local university CMU against hard drive chip maker Marvell (See attached photo) on claims of patent infringement and willfulness. The $1.17 Billion award was huge by any standards and still faces post trial motions which could vacate the verdict or increase it for willfulness, which the… [read post]
31 Mar 2010, 10:24 pm
So far, most coverage of the iPad’s release on April 3 has focused on its likely impact on the media industry. Largely unnoticed, but just as profound, is the effect it will have on electronic discovery. Because the iPad is the first truly user-friendly device that enables people to do e-discovery any time, any place, and any way they can imagine, it promises a revolution.
We saw this early on at Clearwell and, while the iPad was still in development, partnered closely with Apple to … [read post]
12 Jul 2010, 11:25 am
On April 1st, we had some fun by revealing the magical properties of “Clearwell for the iPad.” In truth though, we were only half joking because, at the time, we actually had an application for the iPhone and the iPad in development.
As Clearwell’s user base grew, and we became a mission-critical application to so many people, we learned that our users want access to the product from anywhere, not just when at their desks. In particular, for Clearwell administrators, it’s a lot more… [read post]
15 Nov 2010, 2:31 pm
Seven hopefuls for pre-trial transfer will hit the argument calendar for the U.S. Judicial Panel on Multidistrict Litigation this Thursday at the Duke University School of Law in Durham, North Carolina.
The Panel plans to hear lawyers explain why their respective groups of cases should -- or shouldn't -- go to a single federal judge so that she or he can get them ready for trial and then send them back from whence they came for the actual trials.
The docket lists these matters for live… [read post]
24 Feb 2011, 7:00 am
It’s time for Manpower’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we conduct a survey to see what’s really going on in the world of employment litigation. We asked the 3,407 attendees at yesterday’s webinar the following question:
Are you seeing an increase in employment law claims?
Here are the official results (with last quarter’s numbers in parentheses):
Yes, substantial increase: 9% (7%)
Yes, modest increase: 30% (30%)
No change: 58% (60%)
No, modest… [read post]
17 Nov 2011, 3:48 pm
The Judicial Panel on Multidistrict Litigation lives mainly to decide whether to group cases from around the country into big mega-cases for pretrial work -- motions to dismiss, discovery, summary judgment motions -- and, if so, which district judge to send each of the mega-cases to.
But what happens when the "transferee" judge finishes the pretrial work? Does she make rulings (partial final judgments under Rule 54(b)) that would allow all the cases to go up on appeal to the same court of appeals… [read post]
26 Oct 2010, 7:50 am
It’s time for Manpower’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we conduct a survey to see what’s really going on in the world of employment litigation. We asked the attendees at our most recent webinar the following question:
Are you seeing an increase in employment law claims?
Here are the official results (with last quarter’s numbers in parentheses):
Yes, substantial increase: 7% (6%)
Yes, modest increase: 30% (29%)
No change: 60% (61%)
No, modest… [read post]
21 Jun 2011, 2:34 pm
These days, being mentioned on a late-night talk show is pretty much a stamp of “going mainstream”. This is true of celebrities (notably the One-Man Band that is Charlie Sheen), public figures (Captain “Sully” Sullenberger, who piloted the US Airways plane to a safe landing on the Hudson River), and even infomercial goods (who isn’t familiar by now with the Snuggie?)
In the e-discovery world, we realized just how mainstream this industry is becoming when we made mention on The Daily Show… [read post]
3 Aug 2011, 5:03 am
It’s time for ManpowerGroup’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we conduct a survey to see what’s really going on in the world of employment litigation. We asked the 2,550 attendees at last week’s webinar the following question:
Are you seeing an increase in employment law claims?
The Results
Here are the official results (with last quarter’s numbers in parentheses):
Yes, substantial increase: 8% (9%)
Yes, modest increase: 31% (30%)
No change: 58%… [read post]
8 Nov 2011, 6:21 am
It’s time for ManpowerGroup’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we conduct a survey to see what’s really going on in the wonderful world of workplace law. Here’s the first question we asked:
Notice a whopping 0% of you said “much easier.” 2% of you said “easier.” 79% of you said either “harder” or “much harder.” In other words, 39-and-a-half times more of you said things are getting harder out there rather than easier. That’s quite a… [read post]
11 Aug 2010, 8:50 am
British Petroleum now faces a two-front litigation war.
Yesterday, the Judicial Panel on Multidistrict Litigation sent to the U.S. district court in New Orleans dozens of cases alleging personal injury, wrongful death, property damage, and other economic loss resulting from the Deepwater Horizon oil spill. In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 21, 2010, MDL No. 2179 (J.P.M.L. Aug. 10, 2010)
Later in the day, the Panel posted an order transferring… [read post]
26 Jan 2011, 4:14 pm
I’ve been doing this long enough that predictions about the future (for good or ill) seem to be a useful convention to talk about emerging trends in the electronic discovery space. My recent post about the top 5 trends for the upcoming year received way more attention than I would’ve imagined. So, in attempt to replicate that and do my best Carnac impersonation, here are a few predictions about ALM’s 2011 Legaltech New York:
“All in one” e-discovery will be the vendor message de jure,… [read post]
12 May 2011, 7:24 pm
TO DISCUSS YOUR INHERITANCE DISPUTE WITH AN ATTORNEY, PLEASE CALL ED WALLIS AT (901) 527-2125.
Will contests involve challenging the Last Will and Testament of a family member for a host of reasons. When challenging a will or proving a will is valid, our firm investigates any suspicious circumstances surrounding the drafting of the will, subsequent changes to the will, and the relationships between the testator and designated beneficiaries, including caretakers receiving assets or property.
There… [read post]
28 Jan 2010, 10:29 am
Next week, as most of you know, is the Superbowl of legal technology events. And, so if this is a newsflash, you’ve probably found this blog by searching for the European Cockpit Association (“ECA”). If on the other hand you have an unnatural affinity for the other ECA – early case assessment — then you’ve probably been planning to head to this year’s LegalTech show immediately after the last one ended.
For fear of gratuitous self promotion, I will be moderating several panels with… [read post]
13 Oct 2011, 6:14 am
This week, the FDIC and SEC approved the Volcker Rule and released a draft for public comments. Bank regulators will have to solidify the Rule in the coming months, as the Rule is set to take effect in July, 2012 – although banks would have three years to comply with the Rule.
Part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Volcker Rule limits the type of investments that banks can make with their own money. A result of the financial crisis, the Rule seeks to reign… [read post]
1 Apr 2011, 6:00 am
At Clearwell, we’re constantly ruminating on innovative ways to help make our customers’ e-discovery process more efficient. Given the astronomical growth of social gaming, we began asking ourselves, “How can we harness the power and passion of millions of social gamers for the greater good?”
Questions like this really get our engineers cooking, and what they came back with is, to steal a word from one of our most popular product launches a year ago, simply “magical”.
Starting today,… [read post]