Litigation

Franchisors Wince as Some Courts Re-Label Franchisees as Employees

March 15, 2013

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

March 15, 2013

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

March 15, 2013

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

March 15, 2013

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

March 15, 2013

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

March 15, 2013

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

March 15, 2013

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

October 14, 2012

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

October 14, 2012

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

September 3, 2012

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

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