• Four Years After Alice, Software Patents Making a Comeback

    Following the Supreme Court’s 2014 Alice decision, many practitioners assumed it that any attempt to patent software would be so difficult and unpredictable that it was ...

    • Posted 13 hours ago
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  • Hard Lesson In Privilege For Marriott Legal

    A federal court in Colorado found that analysis and sensitive advice about strategy and “Risks/Opportunities” was not protected by privilege, even though it had been drafted and reviewed by in-house lawyers, because it was contained in two sections...

    • Posted 2 weeks ago
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  • Citing Paula Jones Case, Judge Refuses To Dismiss Lawsuit Against Trump

    The New York attorney general alleges that the Trump Foundation was used as a checkbook to settle Trump’s business disputes and to support his presidential campaign, and the Trump Foundation, President Trump and three of his children...

    • Posted 2 months ago
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  • Private Facebook Boosts Are Discoverable, Says NY Appeals Court

    A recent decision from the New York Court of Appeals found that Facebook posts are not entitled to protection, even when they are under the user’s privacy settings. There’s nothing so novel about Facebook materials that would...

    • Posted 2 months ago
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  • Does “Memo” About A Privileged Memo Waive Privilege?

    The defendant mortgage company conducted an internal investigation under the aegis of its outside lawyers, after an allegation that it had submitted false information to HUD. Company attorneys then prepared a memo summarizing the findings and reporting...

    • Posted 4 months ago
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  • Judge Reverses Jury, Finds Company Didn’t Retaliate

    A jury verdict that Rand Construction had retaliated against the CEO’s former executive assistant for taking medical leave under the Family and Medical Leave Act, has been reversed by a federal trial judge in Virginia. Arlene Fry...

    • Posted 5 months ago
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  • New Life For Roundup Litigation: $289 million verdict

    A former groundskeeper at a school in California has won a $289 million victory in a lawsuit against Monsanto, after claiming that repeated contact with the company’s herbicide product Roundup was responsible for his blood cancer. A...

    • Posted 5 months ago
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  • Privilege Non-Waiver Sticks; GC Avoids Grand Jury

    Most federal courts reject a “selective-waiver doctrine,” which means that waiver to one is waiver to all. But a recent decision from the Fourth Circuit Court of Appeals precluded the DOJ from calling the general counsel of...

    • Posted 5 months ago
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  • IRS Wins Closely Watched Silicon Valley Case

    A three-judge panel of the 9th Circuit has ruled against Intel in a case that was watched closely in Silicon Valley. The panel sided with the IRS and ruled that the chipmaker broke the law when it...

    • Posted 6 months ago
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  • Ruling Limits Whistleblowers To Nuclear Option

    A Supreme Court decision earlier this year has overturned understanding of the test for employees to gain whistleblower status. Protections against retaliation...

    • Posted 6 months ago
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