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The Legal Intelligencer

Beware: Texts and Wearable Data Must Be Preserved, Too

Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
8 minute read

The Legal Intelligencer

No Health Care Merger Too Small for the FTC to Take an Antitrust Look

In our November and December 2016 articles, we discussed the Federal Trade Commission's proclivity to challenge health care mergers, even when the purported anticompetitive effects of the relatively economically limited merger would be confined to a local geographic region.
8 minute read

Litigation Daily

Daily Dicta: Au Pairs of the World, Unite; The Check is (Not) in the Mail

A class action by Boies Schiller Flexner claiming au pairs are underpaid has cleared another major hurdle; The latest setback for a Baker McKenzie client who has been trying since 2014 to get paid after an arbitration panel in London awarded him $84 million.
7 minute read

New Jersey Law Journal

'Spokeo' is Done, But Article III Guidance Still Needed

We hope that the Supreme Court grants certiorari to develop and clarify the “concrete and particularized” pleading requirements of Article III standing as soon as another case with a similar issue is before the court.
3 minute read

New Jersey Law Journal

Time For Some Traffic Problems

Town-by-town exclusion of rush hour traffic is a recipe for chaos. New Jersey parochialism will lead every town to shield itself by pushing unwanted commuters onto its neighbors.
3 minute read

New Jersey Law Journal

Revisit Economic Losses in Product Liability Act Cases

Why discuss this again now? Recently there was an article celebrating the 10th anniversary of Sinclair. The bar, and hopefully the court, should realize that rather than celebration, we should be looking for a refinement.
3 minute read

Daily Business Review

Using Living Wills to Start the (Other) Tough Conversation With Mom and Dad

We have all heard parents fret about answering their children's questions about where babies come from. Responses to the daunting “how does life begin” inquiry range from evasive stories about birds and bees, to the time-honored “ask your mother,” or these days, “ask your other mother.”
5 minute read

The Legal Intelligencer

Possession, Custody or Control: A Perennial Question Gets More Complicated

The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
9 minute read

Daily Report Online

When You Need Immigration Counsel, Even if You Don't Sponsor Immigrant Workers

A lawyer can help the employer prepare to respond in a methodical and thoughtful way, rather than throwing together a hasty, uncoordinated response that could be inadequate or overly inclusive.
6 minute read

Daily Report Online

Advice for US Employers Navigating the Current Immigration Climate

While the issue of “Dreamers” rightly dominates the news, more quietly, a sea change has begun in U.S. policy toward foreign professional workers due to President Donald Trump's “Buy American, Hire American” executive order.
5 minute read

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