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Court of Appeals Extols Benefits of Conditional Orders of Preclusion
Jacqueline Mandell and Dennis J. Dozis of Kaufman Borgeest & Ryan write that the decision in Gibbs v. St. Barnabas Hospital reminds those who find themselves trapped in the uphill battle to obtain discovery from recalcitrant adversaries that there is hope: Obtaining a conditional order of preclusion may get you far more than the discovery you initially requested.Encouraging Employee Cooperation in Internal Investigations
In their Internal Investigations column, Michael B. Mukasey and Helen V. Cantwell, partners at Debevoise & Plimpton, discuss provisions to consider in corporate cooperation agreements that encourage employees to cooperate with an internal investigation in exchange for a release of liability by the corporation, such as confidentiality and restitution provisions.Defense Verdict in Novellus Contract Case
Novellus customer Linear Technology had sued after being targeted by Texas Instruments for alleged patent infringement. In the two-defendant trial potential damages were pegged at nearly $200 million.Bill Moves to Allow High Court Review of Courts-Martial
The House Judiciary Committee has approved a bill that would expand the jurisdiction of the Supreme Court, allowing it to review petitions filed by military service members challenging courts-martial decisions.Justices Mull Free Speech Issues in Suit Over Foreign Aid Policy
Chief Justice John Roberts Jr. said the provision requiring recipients of funds to fight HIV overseas to explicitly oppose prostitution and sex trafficking could force organizations to espouse government positions on issues ranging from recycling to apartheid. "There have to be some limitations," Roberts said.Redskins Owner Sues Cadwalader Over Advice on Bank Fee in Proxy Fight
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