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August 17, 2006 | Corporate Counsel

Will Selective Waiver Become a Reality Under Proposed Rule 502?

This summer, proposed Federal Rule of Evidence 502, which addresses privilege waivers arising from the production of documents, has been published for public comment. The rule would broadly authorize "selective waiver" by allowing a person or entity to disclose protected information to the government during an investigation without waiving privilege. The SEC has twice tried, and failed, to codify selective waivers and the federal circuits are split on their use. But would Rule 502 resolve all the issues?
8 minute read
January 23, 2007 | Corporate Counsel

Red Bull Guru Can't Be Forced to Talk -- Yet

A federal magistrate judge ruled Monday that a Florida company does not yet have the right to depose the Austrian marketing whiz behind a successful energy drink in a trademark infringement case. Attorneys for Vital Pharmaceuticals have been chasing after Red Bull's CEO Dietrich Mateschitz for weeks. He has been cited in news reports as the source of the idea for the drink's formula, as well as its marketing campaign. Red Bull attorneys argued that lower level executives should be deposed instead.
4 minute read
June 02, 2011 | Corporate Counsel

IPO Boom Keeps Am Law Corporate Practices Humming

A roundup of the deals and dealmakers at the center of the current uptick in initial public offerings.
7 minute read
June 30, 2009 | Corporate Counsel

Coercive Creditor Treated as Insider in Bankruptcy Case

In a recent case of first impression, the 3rd Circuit held that when the relationship between a debtor and a creditor is sufficiently close to suggest that transactions were not conducted at arm's length, the creditor may be considered a "non-statutory insider" for purposes of applying a one-year period for recovery of preferential transfers before the filing of a bankruptcy petition. Attorneys Brad Eric Scheler and Alan N. Resnick discuss the lessons to be learned from this ruling.
11 minute read
October 16, 2008 | Corporate Counsel

Class Action Communications: How Far Can You Go?

When faced with a class action, an employer must do two things: Perform due diligence to isolate the truth or falsity of allegations made in the lawsuit and prepare a defense to the class claims. Interviewing members of the putative class accomplishes both these goals. When parties and counsel prepare to reach out to putative class members, there are certain parameters that they must observe. Attorney A. Michael Weber discusses those parameters.
15 minute read
December 08, 2009 | Corporate Counsel

Subway Founder Has a $5 Billion Lawsuit on His Plate

The sandwich maker's president Fred DeLuca has been socked with a multibillion-dollar lawsuit for allegedly stealing his business partner's dream to build the first eco-sustainable city in Florida.
2 minute read
July 24, 2012 | Corporate Counsel

BigLaw CIOs Lament BlackBerry's Woes

In a telling sign of the shifting smartphone battle at U.S. law firms, the CIO of the nation's largest BlackBerry shop is anticipating mass migrations away from the platform within six months.
4 minute read
March 22, 2012 | Corporate Counsel

Tech-Sector Lobbying Group Wants 'Patent Trolls' Out of the ITC

Eight leading tech companies have formed a new lobbying group dedicated to keeping entities that use patents to litigate, rather than innovate, out of the International Trade Commission.
5 minute read
January 25, 2010 | Corporate Counsel

Hey, Don't Look at Me: Broadcom's Ex-GC Says, Look, I Was Only 'On the Periphery'

Describing 'a very informal management environment,' David Dull tells a jury that the company's ex-CEO and ex-chairman decided 'the lion's share' of grants — making most of their decisions while talking in the hall or on the phone.
6 minute read
August 08, 2013 | Corporate Counsel

U.S. Tech Industry Spy Tab Could Top $30 Billion

Revelations about NSA data gathering could cost U.S. tech companies $22 to $35 billion during the next three years, according to a report, as international competitors move to foreign cloud service providers.
3 minute read

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