LexisNexis® Legal Newsroom
Legendary Baltimore Lawyer Returns To DLA Piper As Partner

BALTIMORE — One of Baltimore’s best known and well respected lawyers, Shale Stiller, is returning to DLA Piper as a partner. Stiller rejoins DLA Piper after serving for five years as the president, CEO and chairman of the Harry and Jeanette Weinberg Foundation, one of the largest private...

Jackson Lewis Expands Mid-Atlantic Footprint

WHITE PLAINS, N.Y. — Jackson Lewis, one of the largest and fastest-growing workplace law firms in the United States, announced that it has opened its 45th office in Baltimore with the move of nine attorneys from the Baltimore office of DLA Piper. Richard J. Hafets, Emmett F. McGee, Brooks...

Carolyn McNiven Joins Litigation Practice In San Francisco

SAN FRANCISCO - DLA Piper has announced that Carolyn McNiven has joined the firm's Litigation practice as a partner in the San Francisco office. McNiven previously served as deputy chief in the Financial Fraud and Special Prosecutions Section for the U.S. Attorney's Office for the Northern...

DLA Piper LLP: Strategies For Helping To Preserve Attorney-Client, Work Product Privileges

By Kathy J. Owen The definition of attorney-client privilege is generally consistent across jurisdictions: (1) an attorney, (2) a client, (3) a communication, (4) confidentiality anticipated and preserved and (5) legal advice or assistance being the purpose of the communication. i The fifth prong...

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees

By Anahit Tagvoryan, Joshua Briones and Anthony Portelli In a recent decision, the Ninth Circuit refused to approve a $10.6 million settlement in a class action accusing Kellogg Co. of falsely advertising the benefits of its Frosted Mini-Wheats cereal [ Dennis v. Kellogg Co. , No. 11-55674, 9 th Cir...

Big Data: What It Is And What It's Good For

Are you or your outside law firms using data analytics to identify profitability of individuals or specific matters? Or to support or refute claims and allegations? Or to spot and exploit trends and opportunities? While definitions may vary, these are some of the things made possible by "big data...

DLA Piper: 9 Questions And Answers About Exclusive Forum Provisions For Stockholder Litigation

By Ed Batts In light of Delaware case law developments over the past year, exclusive forum provisions are being increasingly adopted by public companies. What should you know about this complex but important area of corporate governance? 1. What are these provisions? Exclusive venue provisions...

DLA Piper: California Governor Earmarks Funds For Prop 65 Regulations But The Threat Of Unnecessary Litigation Remains

By George Gigounas, Matt Covington and Christian Orozco California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, finally has the attention of legislators and the governor’s office and is undergoing key changes. But significant reforms – to balance evidentiary...

DLA Piper Product Liability Alert: California Green Chemistry Initiative’s Coming Priority Products List, And The DTSC Strategic Plan

The highly anticipated next step in California’s Green Chemistry Initiative (GCI) is the planned April 2014 release of the list of Priority Products that will be first in the spotlight for chemical regulatory scrutiny, triggering compliance requirements with a 180-day deadline for any manufacturer...

DLA Piper: Expect Greater SEC Scrutiny Of Activist Hedge Funds That Share Information Or Collaborate In Advance Of Their Trades

By Perrie Michael Weiner and Patrick Hunnius A recent Wall Street Journal article – “Activist Investors Often Leak Their Plans to a Favored Few” – focused attention on “activist” investors and stock analysts who (as part of their bullish or bearish campaigns for...

DLA Piper: ‘Company Doe’ Wins Challenge But Loses Anonymity – Ruling Makes It Tougher For Companies To Confront Erroneous Online Claims

By George Gigounas and Rachael E. Yourtz A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents, revealing the identity of a manufacturer that claims it was falsely implicated in a consumer report . 1 This case, stemming from the SaferProducts...

DLA Piper: Is U.S.-Style Class Action Litigation Coming To The EU? European Commission Calls For Collective Redress Mechanisms In EU National Laws – 8 Points To Note

By: Dr Ludger Giesberts LL.M. and Andreas Tiedge The European Commission is calling for European Union member states to introduce an injunctive and compensatory collective redress mechanism to their national procedural rules by July 26, 2015. In many respects, the concept of a European collective...

DLA Piper: Merger Enforcement Actions Below The HSR Threshold ˗ Top 10 Tips In Non-Reportable Transactions

By Steven Levitsky and Paolo Morante “Less is more” may be true in architecture, but in merger clearance law, “less” is still enough to trigger antitrust investigations and litigation and rescission of the whole transaction. By “less,” we mean less than the Hart...

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways

By Perrie Michael Weiner , Anahit Tagvoryan and Esteban Morales Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...

DLA Piper: California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?

By Stefanie Jill Fogel , George Gigounas and Rachael E. Yourtz | In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the bar with a flexible approach to class certification....

DLA Piper: Delaware High Court Upholds Fee-Shifting Provision In Company Bylaw, Signifying A Future Sea Change In Corporate Litigation

By: Jay Coogan and John L. Reed The Delaware Supreme Court, sitting en banc, has held that a Delaware corporate bylaw that requires a losing claimant to pay the legal fees and expenses of the defendants is not invalid per se , and if otherwise enforceable can be enforced against losing claimants whether...

DLA Piper: California Federal Court Finds 1st Amendment Does Not Preclude Sporting Event Participants From Asserting Right-of-Publicity Claims Against Broadcasters

By Matt Ganas | On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s Judge Claudia Wilken held that “the First Amendment...

DLA Piper: Zachry v. Port of Houston Authority: Texas Supreme Court Rules for Contractor Despite No-Damages-for-Delay Clause

By Ileana M. Blanco , Cristopher Farrar and Cara Vasquez The Texas Supreme Court has issued a decision that could have a huge impact on the construction industry in Texas involving several high-profile issues the industry has passionately debated for years. In Zachry Construction Corporation v...

DLA Piper: $185 Million Punitive Damages for Pregnancy Discrimination: What Led to the Largest Single-Plaintiff Employment Award?

By: Joseph Domenick Guarino and Kevin Connelly Rosario Juarez worked at AutoZone but now can buy 1 percent of its total market capitalization. Juarez began as a retail salesperson in San Diego in 2000. She was promoted to Parts Sales Manager but was unsuccessful in seeking advancement to store...

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff cannot establish that a class is ascertainable...

DLA Piper: 7th Circuit: Victims Of Data Breaches Have Article III Standing To Litigate Class Action Lawsuits

By Amanda Fitzsimmons, Jim Halpert and Chelsea N. Mutual To date, an overwhelming majority of courts have dismissed data breach consumer class actions at the outset due to a lack of cognizable injury-in-fact, an essential element for standing under Article III of the U.S. Constitution. In Remijas...

DLA Piper: 9th Circuit Joins Majority Of Circuits To Lower Barrier For Whistleblowers In False Claims Act Lawsuits

By Todd C. Toral and Greg Young The U.S. Court of Appeals for the Ninth Circuit, in a case likely heralding an increase in the number of qui tam False Claims Act lawsuits, has abrogated prior precedent and lowered the jurisdictional bar for whistleblowers in FCA cases. Repudiating 23 years of precedent...

DLA Piper LLP: 7th Circuit Rejects 3rd Circuit's ‘Heightened’ Ascertainability Analysis

By E. Colin Thompson Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach. The Seventh Circuit...

DLA Piper LLP: Appeals Court Clarifies Attorney-Client, Work Product Privileges In Internal Investigation Context

By Jonathan W. Haray , Jeffrey D. Rotenberg and Lindsay R. Barnes In its latest review of the attorney-client and work product privileges in In re: Kellogg Brown & Root, Inc. (“ In re KBR ”), the US Court of Appeals for the DC Circuit again rejected the district court’s restrictive...