Litigation

Business Groups Delay Bill Banning “Loser Pays” In Shareholder Suits

June 23, 2014

Business groups, including the U.S. Chamber of Commerce, that favor the recent Delaware Supreme Court ruling that would allow companies […]

SCOTUS Finds Software Based On Abstract Idea Not Patentable

June 19, 2014

The Supreme Court ruled unanimously today, in Alice Corporation v. CLS Bank International, that software based on an abstract idea […]

China’s Anti-Corruption Campaign Targeting Multinationals

June 19, 2014

Historically, bribe recipients have been the major target of China’s anti-corruption enforcement, but the emphasis has shifted to encompass the […]

Fourth Amendment Requires Deletion Of Non-Responsive Computer Files

June 18, 2014

In an important Fourth Amendment case, the Second Circuit has ruled that the government’s right to overseize computer files pursuant […]

Appeals Court Oks Limited Digital Book Scanning

June 18, 2014

The Second Circuit Court of Appeals upheld most of a district court’s determination that an academic consortium’s digital archiving project […]

Judge Posner Identifies Some Warning Signs Of An Unfair Class Settlement

June 18, 2014

The Seventh Circuit Appeals Court recently rejected a class action settlement that Judge Richard Posner found “inequitable – even scandalous.” The opinion identified myriad warning signs that demonstrated that the settlement “flunked the ‘fairness’ standard,” and should have been rejected by the district court.

Why Even A ‘Bad Guy’ Won’t Have to Pay Your Attorneys’ Fees

June 18, 2014

Why are so few cases declared “frivolous,” and award of actual attorneys’ fees for filing bad faith lawsuits so few and far between? Varnum LLP attorney William Rohn posits the theory that when it comes to a litigant’s motives, they’re innocent until proven guilty.

Are Teacher Tenure and Seniority Really Unconstitutional?

June 18, 2014

This week’s Vergara v. State of California trial court decision will make it easier for California school districts to keep new teachers in “at will” probationary status longer, to fire tenured teachers, and to lay off bad teachers with a lot of seniority. As a lawyer for school districts, that sounds pretty good, but attorney Michael Hersher argues the reasoning and the factual underpinnings in the Vergara decision are seriously flawed.

Attorney Fee Ruling In ADA Appeal Creates Defendant Bargaining Chip

June 18, 2014

A decision by the Ninth Circuit Court of Appeals provides the defendant in an ADA case with the possibility of […]

Judge Posner Declares Sherlock Holmes In Public Domain

June 18, 2014

Sherlock Holmes is in the public domain, the Seventh Circuit Court of Appeals has ruled, dealing a loss to the […]

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