Litigation

New Fed Cybersecurity Standards Could Be Used In Class Actions

March 4, 2014

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

March 4, 2014

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

March 4, 2014

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

March 4, 2014

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

March 4, 2014

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?

March 4, 2014

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?

March 3, 2014

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

NY Settlement May Inform Pharmaceutical Antitrust Cases

March 3, 2014

The New York Attorney General reached a settlement in an antitrust case between two generic drug manufacturers that had an […]

Calif. Prop 65 Reform Fizzles

February 27, 2014

Talk about making California’s Prop 65 more friendly to business has not borne fruit, according to DLA Piper attorneys. Proposition […]

Commercial Disparagement An Increasing Concern In The Age Of Social Media

February 26, 2014

As brands expand their social media presence, where light-hearted “smack talk” can be encouraged, even rewarded, instances of commercial disparagement are likely to rise. A Massachusetts court’s ruling may make it easier to bring such cases.

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