Bad Faith Claims Against Insurers

Most state law on bad faith by insurers is strong on liability, but weak on the award of damages. Each state has decisional law […]

Enforcing Jury Waiver Clauses

In some industries, a pre-dispute jury waiver agreement may be preferable to an arbitration provision, but…

A Corporate Counsel’s Guide to Predictive Coding

Predictive coding is computer or technology-assisted review that extrapolates human review decisions from a subset of materials to classify documents in a larger data […]

Inside the Mind of the Non-Practicing Entity

As the U.S. economy has become more patent-intensive, non-practicing entities (NPEs), business entities that do…

Ten Essential Best Practices in Predictive Coding

This paper outlines emerging best practices in the application of predictive coding to e-discovery. Having moved past its early experimental stages, this technology is […]

You May Be Personally Liable Under the FDCPA

The Fair Debt Collection Practices Act was enacted to deter abusive practices by third-party debt collectors. Violation can result in civil liability or enforcement […]

Defending Chinese Companies Listed on U.S. Exchanges

In recent years, there has been a number of regulatory investigations and securities fraud class actions instituted against Chinese companies listed on U.S. stock […]

The GC’s Best Friend

Problems related to electronic communications and web-based interactions can have major legal implications. Therefore general counsel and chief information officers need to form close […]

Dawn Raid, Antitrust Charges, Decade of Litigation

After nearly 10 years of litigation, the Seventh Circuit Court of Appeals recently affirmed a judgment for the defendants in the consolidated nationwide class […]

Shareholders Challenging Annual Proxy Disclosures

In 2012, plaintiff attorneys filed a wave of lawsuits challenging annual shareholder proxy votes and disclosures of executive compensation. This litigation may increase during […]