Litigation

Shareholders Can Open The Books In A Wal-Mart Case

August 14, 2014

The Delaware Supreme Court upheld a Chancery Court decision allowing a shareholder pension fund to inspect the books, in a […]

San Jose Wants The A’s, But Needed Antitrust Claim Falls Flat

August 14, 2014

The city of San Jose’s argument that Major League Baseball not allowing the Oakland A’s to relocate there was in […]

Judge Nixes Silicon Valley Wage-Fixing Settlement As Inadequate

August 13, 2014

The proposed settlement in the Silicon Valley wage-fixing case has been rejected by a federal judge as inadequate, given plaintiffs’ […]

Business Phone Calls While Driving Could Make Employer Liable

August 13, 2014

More employers are prohibiting employees from using cell phones for work-related calls while driving and…

The State of the Law on Shifting the Costs of E-Discovery

August 13, 2014

Although some favorable case law exists, most recent decisions limit the taxation of e-discovery costs to prevailing parties for activities analogous to “exemplification” and “making copies of any materials where the copies are necessarily obtained for use in the case.”

Assessing Witness Credibility—Is it Really Just “Opinion”?

August 13, 2014

Five “credibility assessment factors” to help determine witness reliability, especially when one witness contradicts another, to help the investigator assess the degree to which a witness’s statement should be relied upon in reaching a conclusion.

Microsoft Loses Third Round Of Battle Against Extra-Territorial Warrants

August 13, 2014

If an appeals court upholds a closely-watched privacy case that ordered Microsoft to hand over e-mails stored in Ireland to the U.S. government, it could have significant implications for all U.S. businesses that store customer data overseas.

Five Tips For Minimizing The Risk Of Class Actions

August 12, 2014

Compliance is the standard and irrefutable advice for avoiding class action litigation, but ShepphardMullin attorneys have put a different slant […]

Tenth Circuit: “False” Disclosure Opinions Not Actionable

August 12, 2014

The Tenth Circuit has joined a number of other circuits in affirming that a false statement in an offering document […]

Mississippi AG Defends Hack Medical ‘Expert’

August 12, 2014

Medical examiner Steven Hayne has been called to testify in thousands of Mississippi cases, though legal groups have raised major […]

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