Litigation Practice

What do the Decisions in U.S. v. Skilling and U.S. v. Black Really Mean for Corruption Prosecutions?

K&L Gates
July 23, 2010

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Significant Changes to Federal Rules of Civil Procedure Will Protect Drafts of Expert Reports from Discovery

Duane Morris
July 15, 2010

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The D.C. Circuit Gets It Right in Deloitte

Faegre & Benson
July 14, 2010

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D.C. Circuit: Documents Reflecting Client’s Attorney Work Product Disclosed To Or Drafted By Independent Auditor Retain Work Product Protection

Sidley Austin
July 12, 2010

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Is Data Breach Litigation a Continuing Threat?

Mayer Brown
July 12, 2010

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The Importance of Media Relations Strategy in Critical Legal Disputes 

Kelley Drye
From The Metropolitan Corporate Counsel 
July 9, 2010

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The Times They Are A Changin': Bringing Litigation Into The Twenty-First Century (Part I)

Debevoise & Plimpton
July 8, 2010

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US v. Deloitte LLP: D.C. Circuit Deals Setback to IRS Effort to Obtain Work Product Protected Material 

Latham & Watkins
July 6, 2010

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DC Circuit Upholds Application of Attorney Work Product Doctrine to Information Disclosed to Auditors

Covington & Burling
June 30, 2010

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Underage Drinking: Protecting Your Child

Mintz Levin
June 30, 2010

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It Still Frequently Pays for a Company to Litigate

Kirkland & Ellis
June 28, 2010

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Decision.... Sporting event ticket holders lack standing to sue based on alleged cheating by coach, team

Arent Fox
June 25, 2010

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Obtaining evidence in England for use in US proceedings

Clyde & Co
June 22, 2010

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The Strategic and Tactical Uses of Motions In Limine in Federal Criminal Trials

Orrick
June 18, 2010

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Dispute Resolution: United States

Kirkland & Ellis
Chapter From PLC Cross-Border Dispute Resolution Handbook
June 2010

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Non-Capital Stay Applications In The United States Supreme Court: A Procedural Primer

Mayer Brown
June 17, 2010

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Supreme Court Approves Amendments to Federal Rule of Civil Procedure 26 Limiting Discovery of Expert Witnesses

Hinshaw
June 17, 2010

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Pleading Facts and Arguing Plausibility: Federal Pleading Standards a Year After Iqbal

Jones Day
June 2010

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The Stored Communications Act: District Court Issues First Opinion on Privacy Protection for Information on Social Networking and Web Hosting Sites

Morgan Lewis
June 14, 2010

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Federal Circuit Lays Out Test for When Lawyer’s Access to Opposing Party’s Confidential Information May Be Used to Limit the Scope of Attorney’s Representation [In re Deutsche Bank Trust Co. Americas]

Hinshaw
June 14, 2010

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Eleventh Circuit Lifts Barriers to Federal Removal [Pretka v. Kolter City Plaza II, Inc]

Sutherland
June 10, 2010

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Because of Federal Preemption, Project Owner Cannot Seek Indemnity from Architect for Failure of Design To Meet Fair Housing Act and Americans With Disability Act Accessibility Requirements

ReedSmith
June 10, 2010

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Was That a Yes or a No?: Depositions in the YouTube Era 

Latham & Watkins
June 2, 2010

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The Litigator’s Role in M&A Transactions

Sidley Austin
From Inside the Minds 
June 2010

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IRS’ Schedule of Uncertain Tax Positions Raises Concerns for Preserving Privilege

Alston + Bird
June 1, 2010

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Letter From America: The Long Arm of US Jurisdiction

DLA Piper
May 21, 2010

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D.C. Circuit Offers Key Guidance While Rejecting Habeas Corpus for Terrorism Detainee

Wiley Rein
From WLF Legal Backgrounder
May 21, 2010

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Lind v. New Hope Property, LLC: No Hope for Implausible Claims under Iqbal

K&L Gates
Mortgage Banking and Consumer Financial Products Alert
May 18, 2010

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Current Issues in Complex Commercial Real Estate Litigation

Skadden
May 20, 2010

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The New AG Case: Defending Cases Where There Is an Alliance between an Attorney General and the Plaintiffs' Bar

Pepper Hamilton
May 20, 2010

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New California Law Reveals Winners May Be Losers: Significant Impact on Settlement Strategies? [Goodman v. Lozano]

Pillsbury
May 20, 2010

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Federal Circuit Reverses $4.4 Million Sanctions Award Against Patent Infringement Plaintiffs and Law Firm

Hinshaw
May 20, 2010

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California Supreme Court Rules Spouse’s Wrongful Death Case Barred by Prior Loss of Consortium Suit Seeking Identical Recovery [Boeken v. Philip Morris]

Morrison Foerster
May 19, 2010

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DMA International, Inc., v. Qwest: US federal appellate court sanctions lawyers for appealing decision to confirm an award

DLA Piper
May 17, 2010

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Availability Of Coverage For Adult Children

Kilpatrick Stockton
May 17, 2010

Please see our Hot Topics for more on Health Care Reform in general and the HCR Adult Children provisions in particular.

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Joseph Almeida: Portrait of a Privateer, Pirate & Plaintiff, Part I

ReedSmith
May 14, 2010

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U.S. Courts Order Discovery Despite Foreign Privacy Laws

Crowell & Moring
May 10, 2010

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Illinois Supreme Court Holds That Ethical Rule Prohibiting Communication With a Represented Party Is Limited to the Same Matter, Regardless of Whether the Matters Are Factually Related

Hinshaw
May 6, 2010

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New Plausibility Standard Impacts Pleading in Employee Benefits Cases

Simpson Thacher
From BNA, Inc.’s Pension & Benefits Daily
May 3, 2010

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New York court clarifies jurisdictional requirement for attachment of assets as security for international arbitration awards [Sojitz Corp. v. Prithvi Information Solutions Ltd]

Jenner & Block
From International Litigation News
April 28, 2010

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Inside the Courts: An Update From Skadden Securities Litigators

Skadden
April 27, 2010

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Important proposed changes to federal rule regarding discovery of expert witness reports and communications on track to take effect December 1, 2010

Nixon Peabody
April 27, 2010

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LG Electronics USA Inc. v. Whirlpool Corp. – 7th Circuit Court of Appeals Requires Company to Produce Communications Between Its Counsel and Outside Advertising Agencies

Venable
April 22, 2010

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International Dispute Resolution Update: Foreign Anti-Suit Injunctions

Paul Hastings
April 22, 2010

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Jury Instructions Forbidding The Use of Social Media

Sonnenschein
April 19, 2010

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Second Circuit Splits on Authority of Magistrate Judge to Impose Rule 11 Sanctions Absent Consent of the Parties [Kiobel v. Millson]

Hinshaw
April 15, 2010

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Utility Issues, What Juries Can Hear and Not Hear in a Condemnation Case

Jackson Walker
April 2010

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The Seventh Circuit Holds Sidley Internal Investigation Privileged and Protected from Disclosure in Discovery [Sandra T.E., et al. v. South Berwyn School District 100 and Sidley Austin LLP]

Sidley Austin
April 9, 2010

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Recent Decision of US Magistrate Judge Confirms US Courts' Willingness to Order Discovery in France in Violation of the Blocking Statute 

White & Case
April 2010

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Claim Accusing Patent Infringement Using Corporate Website Can Trigger a Liability Insurers Duty to Defend Under a Standard Liability Policy [Hyundai Motor America v. National Union Fire Ins. Co]

Covington & Burling
April 7, 2010

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Hot Topics: Litigation

Supreme Court
Supreme Court Decides Trio of Honest Services Fraud Cases
Bilski- Patentability of Business Methods
Constitutional Challenge to PCAOB (and S-Ox)
Morrison & "F-Cubed" Securities Litigation
Supreme Court To Review Matrixx v Siracusano; Weigh-In On Use of Adverse Event Reports
Rent-A-Center West: Parties Can Delegate Enforceability Issues To Arbitrator
Granite Rock Co. v. Intl Brotherhood of Teamsters
Kawasaki Kisen Kaisha: COGSA Trumps Carmack Amendment
Monsanto v Geertson & Threshold For Environmental Injunctions
American Needle: "Single Entity" NFL Subject to Antitrust Scrutiny
Hardt v Reliance Standard & Rules for Attorney's Fees under ERISA
Lewis v City of Chicago & Timing of EEOC Disparate Impact Claims
Merck & Statute of Limitations in Federal Securities Fraud Cases
Stolt-Nielson & Class Arbitration under FAA
Jerman v. Carlisle & FDCPA's Bona Fide Error Defense
Conkright v. Frommert & Deference to ERISA Plan Administrators
Shady Grove Orthopedic Associates: In Class Action, Federal Diversity Rules Trump State Rules
Jones v Harris Associates & Excessive Investment Adviser Fees
Graham County & False Claims Act's "Public Disclosure" Bar
Hertz v Friend: Supreme Court Clarifies Diversity Jurisdiction Standard
Reed Elsevier v Muchnick & Federal Court Jurisdiction Re: Works Unregistered Under Copyright Act
Citizens United v FEC: Supreme Court Overturns Ban On Corporate/Union Campaign Expenditures
Hemi Group: Supreme Court Limits RICO's Proximate Cause Requirement
NRG Power Marketing: Negotiated Power Contracts Presumed Just  
Graham County & False Claims Act's "Public Disclosure" Bar
Ricci v DeStefano & Reverse Discrimination 
Cuomo v Clearing House & OCC
Gross v FBL: Supreme Court Requires "But For" Causation in Age Discrimination Cases
Coeur Alaska & The Clean Water Act
Ashcroft v Iqbal: Twombly Pleading Standards Clarified
Hulteen: Pregnancy Discrimination Act Not Retroactive
Burlington Northern & Arranger CERCLA/Superfund Liability 
Arthur Anderson v Carlisle: Stays Under the Federal Arbitration Act Clarified 
Carlsbad Technology: Some Remands to State Courts Appealable
Flores-Figueroa v. United States: Aggravated Identity Theft

Crawford & Retaliation under Title VII
FCC's Policy Change on "Fleeting Expletives" is Neither "Arbitrary Nor Capricious" 

linkLine & 21st Century Application of the "Price Squeeze" Theory

Wyeth v Levine, Preemption & Adequacy of Prescription Warning Lable

Vaden & Federal Jurisdiction Under the FAA 

The Ex-Spouse Kennedy & ERISA Rights
Winter: Clarification of Injunction Standards 

Altria v Good: Light Cigarettes & Pre-emption
Appellate Courts
PBGC v Oneida: Termination Premiums Not Dischargeable in Bankruptcy  
Monolithic & Court Appointed Experts 
Gallus: 8th Circuit Applies Gartenberg Factors to Adviser Fees
Solis v Summit: OSHA's General Contractor Liability

Golden Gate & San Francisco's "Pay or Play" Ordinance
Deere, ERISA & Plan Fees

JP Morgan Chase, Enron & Lack of Scienter

Madden, SLUSA & "The Delaware Carve-Out" 

Glazer: Liability for Reps & Warranties in Merger Agreement; "Collective Scienter"

Williams, The Tenth Circuit & Proving Loss Causation

Ionia, Compliance & Corporate Criminal Liability
Securities Litigation

Omnicare & Gun-Jumping

Citigroup Prevails in Delaware Subprime Shareholder Action 

Roth v AON: Attorney Client Privilege & Draft SEC Filings
Realogy: Exchange of Unsecured for Secured Notes

JP Morgan Chase, Enron & Lack of Scienter
Lyondell, Revlon & The Duty of Good Faith
Madden, SLUSA & "The Delaware Carve-Out" 

Glazer: Liability for Reps & Warranties in Merger Agreement; "Collective Scienter"

UnitedHealth, Indentures/TIA & SEC Reporting

Loral & Interested Party Transactions

Williams, The Tenth Circuit & Proving Loss Causation
Hexion v Huntsman: Material Adverse Effect

Blackstone v ADS: You Get What You Bargain For

Eshelman, Title VII & Increased Tax Liability
Class Action
Dukes v Wal-Mart: 9th Circuit Certifies Discrimination Class Action
Class Action: In re Tobacco II Cases & California's Prop 64

Altria v Good: Light Cigarettes & Pre-emption

Hydrogen Peroxide: Class Certification & Antitrust

Madden, SLUSA & "The Delaware Carve-Out" 

Meyer v Sprint: Actual Damages Required Under CLRA

American Express & Class Action Waivers Under the FAA  
Arbitration & ADR
Defense Appropriations Act Limits Arbitration of Employment Claims
2nd Circuit, Arbitration & Pre-Hearing Disclosure
Vaden & Federal Jurisdiction Under the FAA

American Express & Class Action Waivers Under the FAA 
Practice
No Loafing: Gucci America & Perils of Inactive Bar Membership
IRS v Deloitte & Attorney Work Product Protection
Judge Schiendlin Revisits Watershed E-discovery Case Zubulake
DOJ Guidance on Criminal Discovery
Costco: California Supreme Court Defends Attorney-Client Privilege
Dahl v Bain Provides Guidance on E-Discovery
California's Electronic Discovery Act 
Mancia's Guidance on Limiting E-Discovery
Broadcom & Dual Representations
Monolithic & Court Appointed Experts
Micron, Arista & Spoliation of Evidence
Federal Rule of Evidence 502
Filip Guidelines & Attorney-Client Privilege

Textron & The Work Product Doctrine

AOL, Forum Selection & The Meaning of "Of"

Jurinko's 1:1 Ratio on Punitive Damages