Litigation

Copyright Holders Lose, Class Action Denied In YouTube Case

There were thousands of infringement claims, from a variety of fields. “The suggestion that a class action of these dimensions can be managed with judicial […]

Can Transnational Corporations Be Sued Under The Alien Tort Statute?

The writer looks at a recent Supreme Court decision, Kiobel v. Royal Dutch Petroleum, and finds it “fractured and somewhat muddy.” The question of liability […]

Climate Change and Engineering Liability: The First Big Case

The Katrina levee breach litigation is likely the first of an upcoming wave of geoengineering liability cases, according to Clarence W. Edwards, Professor of Law […]

Arbitration- Litigation Choice Not Always Obvious

Compared to traditional litigation, arbitration is often viewed by in-house and outside counsel alike as a preferable method of resolving commercial disputes. Many in the […]

Court Rulings Point To Insurer Duty To Defend Class Actions

Liability insurance will likely have to cover defense costs even when the plaintiff’s case proves to be weak. Carriers may be on the hook even […]

Whistleblower And Retaliation Definitions In Flux, Caution Advised

Highly uncertain law regarding what constitutes protected activity means that companies need to be cautious about potentially retaliatory action. In a New York federal court […]

NPEs Targeting Petroleum Industry

Non-practicing Entities, aka patent trolls, are finding big oil and gas companies are ripe targets.

Bed, Bath & Beyond Sued Over Video

The company was sued in California state court over a promotional video it ran in a Los Angeles store.

One Wayward Click, And A Wrongful Discharge Suit

There’s a common option on your email that can do uncommon damage.

Is it Time for “Hot Tubbing” Expert Witnesses in U.S. Courts?

A courtroom procedure that has found some currency in Australia may be salutary in some U.S. courts.