Litigation

Canada’s New Appetite for Antitrust Litigation

Commissioner of Competition v CCS Corporation, decided in May 2012, was only the sixth litigated merger in Canada’s history. In […]

What Not to Say to Competitors, Post-Medimmune

Prior to the Supreme Court’s decision in MedImmune v. Genentech, courts used a “reasonable apprehension of suit” test developed by the […]

The Era of the Whistleblower has Arrived

In recent years there has been a major expansion in the scope of whistleblower incentives and protections. A former banker […]

New Standards for Aiding and Abetting

In a recent case, SEC v. Joseph F. Apuzzo, a three-judge panel of the Second Circuit Court of Appeals made it […]

Mitigating Litigation Risk of Inherently Dangerous Products

This articles addresses the litigation threat to companies whose products are inherently dangerous. By way of example, the authors consider […]

Predictive Coding is not a Magic Wand

Predictive coding is a process by which attorneys review a small sample of a large volume of documents, according to […]

Courts are Testing and Accepting Technology-Assisted Review

Technology-Assisted Review (TAR) promises to reduce the time and money it takes to produce responsive materials, using a blend of […]

Summary Jury Trials as an Alternative to Litigation

Trials have become so expensive that few clients choose to go through them. A modified version of so-called “summary jury […]

New Ways To Reduce Litigation Costs

The major cost driver in litigation is not the trial, but rather the many expensive and time consuming pretrial tasks. […]

Coordinated Witness Preparation for Employment Litigation

The defense of a labor and employment case that is headed toward trial is often based on the testimony of […]

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