The Legal Intelligencer | Commentary
By David R. Cohen and Todd R. Fairman | February 5, 2018
Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?
By Ben Hancock | February 5, 2018
The highly anticipated trial finally got underway in a jam-packed courtroom Monday, with the lead attorney for Waymo saying Uber tried to "cheat" and Uber's lawyer telling the jury that's just a "conspiracy theory."
By Samantha Joseph | February 5, 2018
"There is no feeling by the firm that it has done anything wrong," said defense counsel Bruce Rogow.
The Legal Intelligencer | Commentary
By Joseph Francoeur, Michelle Vizzi and Sade A. Forte | February 5, 2018
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.
By Jonathan Ringel | February 5, 2018
5The goal of the Daily Report and its parent company, ALM, is to serve the entire legal community. As part of that, we're adding new wrinkles to…
By Celia Ampel | February 2, 2018
A Miami federal judge remanded a case against a Medicare Advantage Organization to state court based on distinctions between contract and non-contract providers established in a recent Eleventh Circuit decision.
By R. Robin McDonald | February 1, 2018
The panel specifically called out Troutman Sanders attorney Brian P. Watt for convincing the district court to ignore the previous order.
By Samantha Joseph | February 1, 2018
A motion for sanctions takes aim at several high-profile South Florida lawyers including noted appellate attorney Bruce Rogow.
The Legal Intelligencer | Commentary
By Kevin Dooley Kent and Brittany J. Gigliotti | January 31, 2018
It has been a year and a half since Pennsylvania's Fair Value Legislation, Act 12 of 2016, 66 Pa. C.S. Section 1329 (Act 12) went into effect in June 2016. Since Act 12's enactment, Pennsylvania has seen an uptick in investor-owned utilities' (IOUs) attempts to privatize municipal water authorities, and IOUs have publicized their plans to focus on “growth through acquisition.”
By Cogan Schneier | January 31, 2018
US Foods and Sysco sued major chicken producers in federal court in Illinois on Tuesday.
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