Litigation

Pursuit of a “Smoking Gun” May Be a Recipe for Disaster

In a class action case accusing wireless cell phone companies of colluding to fix text-message prices, plaintiffs claimed that T-Mobile deleted e-mails they should have preserved, which may have made their case. The U.S. District Court for the Northern District of Illinois disagreed.

Defendants’ Stratagems and Plaintiffs’ Counters in Trade Secret Litigation

Defendants accused of misappropriating trade secrets have clever stratagems to avoid large damages. Plaintiffs need to be just as crafty to protect their commercial successes.

Fifth Circuit Says Restaurant Cook Is Not Franchisor Employee

A restaurant cook plaintiff’s attempt to pull a franchisor into a Fair Labor Standards Act lawsuit as co-defendant succeeded with […]

Eliminate The Antitrust Exception To Corporate Charging Guidelines

There is one glaring exception to a Department of Justice policy that considers the existence of a compliance program as a factor in determining whether to charge a corporation with a crime.

NFL Players Sue Union, Claim Collusion With League To Hide Concussion Risks

Two former professional football players are suing the players’ union. claiming the union knew for years about the serious consequences […]

Dewey & LeBoeuf Former Execs Seek Dismissal On Criminal Charges

Former Dewey & LeBoeuf executives, charged with misleading lenders and bond investors in the economic unraveling of the once-lauded firm, […]

Aggressive Counter-Measures v. Hackers May Risk Cyber-Insurance Coverage

Responding to increasingly dangerous and potentially expense cyberattacks, some companies are taking aggressive counter-measures that may either cross the line […]

SEC’s New, Powerful Enforcement Options

A lesser-known provision of Dodd-Frank allows the SEC to pursue civil penalties for a broad range of actions through administrative actions and to impose civil penalties on its own as well as in federal court…

Court Rebuffs Qui Tam Relator, Says Contract Non-Compliance Is Not Fraud

The District Court for the Eastern District of Virginia has dismissed with prejudice a qui tam lawsuit targeting Kellogg Brown […]

HR Memo Ghostwritten By In-House Lawyer Not Privileged, Court Finds

A memo sent by an HR manager but “essentially” ghost-written by the firm’s in-house attorney is not subject to attorney-client […]

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