Litigation

No Right To Jury Trial For Dodd-Frank Whistleblowers

A district court has ruled that an employee who sues under the whistleblower provision of Dodd-Frank has no right to […]

Kentucky Gov. Will Hire Outside Counsel In Same-Sex Marriage Case

Kentucky’s Attorney General, Jack Conway, says he won’t appeal a federal judge’s decision requiring the state to honor same-sex marriage […]

Chevron Scores Win In Convoluted Pollution Case

Oil giant Chevron scored a major victory this week in a decades-long case that is rooted in pollution in Ecuador’s […]

New Fed Cybersecurity Standards Could Be Used In Class Actions

The new cybersecurity standards for critical infrastructure from the National Institute for Standards and Technology’s (NIST), developed by executive order […]

SCOTUS Debates Formula For Awarding Attorney’s Fees In IP Cases

Though several Supreme Court judges agreed that making the losing side of an IP case pay attorney’s fees may be […]

DOJ Backs Broadcasters In Supreme Court Streaming TV Copyright Case

The Justice Department is backing cable television providers in a Supreme Court case pitting the traditional TV business model versus […]

Privilege Does Not Cover Communications With Outside Counsel Relating To Business-Related Advice, E.D.N.Y. Holds

Employers would do well to remember that not all communications with counsel will per se be deemed protected under the attorney-client privilege and work-product doctrine, and in conversations with outside counsel they should be explicit in stating they seek legal advice in anticipation of litigation.

Fewer Class Actions Remanded To State Court

Fewer wage and hour class action cases are leaving the federal court system for state courts after a 2013 Ninth Circuit ruling reduced the standard significantly.

Isn’t E-Discovery Hard Enough Without the Internet of Things?

Given the ubiquity of the Internet of Things, it’s time for information governance lawyers to rethink the data they collect and maintain – or that is collected and maintained on their behalf – and how it is stored, secured and accessed.

Is Each Flawed Invoice A False Claims Act Violation?

The whistleblower provision of The False Claims Act can result in a civil penalty of  between $5,500 and $11,000 for […]

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