Litigation

FCC Crackdown On Lax Privacy Opt-Outs

In a warning directed at the financial industry – a sector that is broadly defined by the Federal Communications Commission […]

Preserving Privilege In Internal Investigations

A ruling earlier this year from the U.S. Court of Appeals for the D.C. Circuit, vacating a district court decision, […]

Graffiti Artists Charge ‘Infringement’ Against Companies That Use Their Work

Street artists whose outdoor murals have been used as background for retail ads or re-created on film sets have lawyered […]

Reasonableness and Proportionality Win Another Fight for Predictive Coding

The United States District Court for the Middle District of Tennessee ruled that reasonableness and proportionality are what matters in disputes over discovery that encompasses literally millions of documents, including as to predictive coding, whether or not contemplated in a case management order.

Second Circuit Holds Foreign Banks Are Not Subject to Jurisdiction Based on the Presence of a U.S. Branch

In a groundbreaking case, the Second Circuit interpreted the Supreme Court’s ruling in Daimler AG v. Bauman as dramatically narrowing the scope of general personal jurisdiction, making a China-based bank not subject to New York for claims arising outside of the state.