Managing Partner

To Prosecute Or Not To Prosecute? Limiting Exposure Of Trade Secrets During Criminal Prosecutions

Referring a trade secrets theft case to the government comes with risks, including the possibility that the prosecutor may not sufficiently protect the secrets at issue.

No Right To Jury Trial For Dodd-Frank Whistleblowers

A district court has ruled that an employee who sues under the whistleblower provision of Dodd-Frank has no right to a jury trial. The court […]

Kentucky Gov. Will Hire Outside Counsel In Same-Sex Marriage Case

Kentucky’s Attorney General, Jack Conway, says he won’t appeal a federal judge’s decision requiring the state to honor same-sex marriage licenses performed elsewhere, but Democratic […]

Chevron Scores Win In Convoluted Pollution Case

Oil giant Chevron scored a major victory this week in a decades-long case that is rooted in pollution in Ecuador’s rain forests. Manhattan lawyer Steve […]

New Fed Cybersecurity Standards Could Be Used In Class Actions

The new cybersecurity standards for critical infrastructure from the National Institute for Standards and Technology’s (NIST), developed by executive order from President Obama, are voluntary […]

SCOTUS Debates Formula For Awarding Attorney’s Fees In IP Cases

Though several Supreme Court judges agreed that making the losing side of an IP case pay attorney’s fees may be an effective way to curb […]

DOJ Backs Broadcasters In Supreme Court Streaming TV Copyright Case

The Justice Department is backing cable television providers in a Supreme Court case pitting the traditional TV business model versus that of internet streaming startup […]

Privilege Does Not Cover Communications With Outside Counsel Relating To Business-Related Advice, E.D.N.Y. Holds

Employers would do well to remember that not all communications with counsel will per se be deemed protected under the attorney-client privilege and work-product doctrine, and in conversations with outside counsel they should be explicit in stating they seek legal advice in anticipation of litigation.

Fewer Class Actions Remanded To State Court

Fewer wage and hour class action cases are leaving the federal court system for state courts after a 2013 Ninth Circuit ruling reduced the standard significantly.

Overtime Pay For Attorneys

In a comment on lawsuits filed by attorneys who claim they were not performing “attorney” work and are therefore entitled to overtime for their labor […]

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