Litigation

Fourth Circuit Places Burden on Defendants to Disprove Loss Causation in Fiduciary Breach Cases

October 7, 2014

A case concerning a change in 401(k)benefits after Nabisco’s parent company split may make it to the Supreme Court, to determine whether the defendant bears the burden of proof for the element of causation under ERISA, and ask what standard to apply to evaluate whether a fiduciary is liable for damages under the act.

Technology-Assisted Review Is Not an “Unproven Technology”

October 7, 2014

Technology-assisted review is a widely accepted and appropriate tool to limit the burden of e-discovery, a U.S. Tax Court recently ruled in a case where the IRS requested what two taxpayers asserted what was an unnecessary amount of data.

“How” Center Of Trademark Dispute Between Business Consultant, Chobani Yogurt

October 7, 2014

A prominent business consultant and Chobani Greek yogurtare engaged in an extended legal battle over use of the word “how.” […]

Your Arbitration Agreement Should Define Its Own Limits

October 7, 2014

A cautionary tale in the form of a recently decided case in the First Circuit. The would-be plaintiff, a business that was an exclusive sales agent for Verizon…

DOJs New Push To Prosecute Execs

October 6, 2014

In a recent speech, DOJ Assistant Attorney General for the Criminal Division, Leslie R. Caldwell, announced an initiative within the […]

When Cross-Border FCPA Investigations Run Into EU Privacy Law

October 6, 2014

Attempts to conduct a cross-border Federal Corrupt Practices Act investigation can run head-on into EU privacy law, providing numerous avenues […]

Supreme Court To Hear An After-Shift Pay Case

October 6, 2014

In a class action, workers at an Amazon warehouse in Las Vegas are claiming they need to hang around for […]

Top Five Energy And Climate Stories

October 6, 2014

Bloomberg BNA’s listing of recent top stories from its Climate blog includes two stories about high-stakes litigation challenging pollution regulations, […]

Eight Major Upcoming SCOTUS Cases

October 6, 2014

What kind of discrimination can be challenged under the Fair Housing Act, whether or not Amtrak must be considered a […]

Arbitration Silences Staff Attorney Suing Law Firm For Discrimination

October 2, 2014

A staff attorney who filed an age discrimination case against BuckleySandler will have to air his grievances in a confidential […]

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