Litigation

How to Confront an NPE

In the vocabulary of intellectual property practice, a non-practicing entity (NPE) is a company whose business model consists of acquiring […]

Has the Supreme Court Cleared the Tracks for Mandatory Arbitration in Consumer Contracts?

Bilateral arbitration clauses (clauses that require arbitration and waive class proceedings), which have become common in standard consumer and employment […]

Franchisors Wince as Some Courts Re-Label Franchisees as Employees

The franchise community was shaken following a series of court decisions that relabeled franchisees as employees of the franchisor. Jani-King […]

Five Litigation Trends that can Keep Executives Awake at Night

The author identifies several trends in litigation that should be of concern to executives. First on his list is false […]

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 […]

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