• 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 establishing that an insurance company owes a duty of good faith with respect...

    • Posted 6 years ago
    • 0
  • Enforcing Jury Waiver Clauses

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

    • Posted 6 years ago
    • 0
  • 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 set. It typically requires selecting and reviewing a control set of documents to...

    • Posted 6 years ago
    • 0
  • 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...

    • Posted 6 years ago
    • 0
  • 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 now approved by multiple courts in the United States and abroad and has...

    • Posted 6 years ago
    • 4
  • 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 action by the Federal Trade Commission. Damages can amount to hundreds of thousands...

    • Posted 6 years ago
    • 0
  • 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 exchanges. Many have become involved in litigation in U.S. courts. Such companies find...

    • Posted 6 years ago
    • 0
  • 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 working relationships. The author cites research indicating that data security has become the...

    • Posted 6 years ago
    • 0
  • 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 action, In Re Sulfuric Acid Antitrust Litigation, (7th Cir. 2012). It began when...

    • Posted 6 years ago
    • 0
  • 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 the 2013 proxy season. It does not challenge the actual compensation, but only...

    • Posted 6 years ago
    • 0
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