Litigation

Recent Posts

Big Data: What It Is And What It's Good For
Posted on 23 Apr 2013 by LexisNexis Litigation Resource Community Staff

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... Read More

DLA Piper: Merger Enforcement Actions Below The HSR Threshold ˗ Top 10 Tips In Non-Reportable Transactions
Posted on 20 May 2014 by DLA Piper

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... Read More

DLA Piper LLP: Appeals Court Clarifies Attorney-Client, Work Product Privileges In Internal Investigation Context
Posted on 14 Aug 2015 by DLA Piper

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... Read More

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims
Posted on 14 Oct 2015 by DLA Piper

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the... Read More

DLA Piper: $185 Million Punitive Damages for Pregnancy Discrimination: What Led to the Largest Single-Plaintiff Employment Award?
Posted on 5 Dec 2014 by DLA Piper

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... Read More

DLA Piper: California Governor Earmarks Funds For Prop 65 Regulations But The Threat Of Unnecessary Litigation Remains
Posted on 24 Feb 2014 by DLA Piper

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... Read More

DLA Piper: Expect Greater SEC Scrutiny Of Activist Hedge Funds That Share Information Or Collaborate In Advance Of Their Trades
Posted on 21 Apr 2014 by DLA Piper

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... Read More

DLA Piper: California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?
Posted on 20 May 2014 by DLA Piper

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... Read More

DLA Piper: ‘Company Doe’ Wins Challenge But Loses Anonymity – Ruling Makes It Tougher For Companies To Confront Erroneous Online Claims
Posted on 22 Apr 2014 by DLA Piper

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... Read More

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
Posted on 22 Apr 2014 by DLA Piper

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... Read More

DLA Piper: 9th Circuit Joins Majority Of Circuits To Lower Barrier For Whistleblowers In False Claims Act Lawsuits
Posted on 4 Aug 2015 by DLA Piper

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... Read More

DLA Piper Product Liability Alert: California Green Chemistry Initiative’s Coming Priority Products List, And The DTSC Strategic Plan
Posted on 25 Feb 2014 by DLA Piper

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... Read More

DLA Piper Class Action Alert - Frosted Settlement: 9th Circuit Rejects Improper Cy Pres Award, Excessive Attorneys' Fees
Posted on 19 Sep 2012 by DLA Piper

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... Read More

DLA Piper LLP: Strategies For Helping To Preserve Attorney-Client, Work Product Privileges
Posted on 11 Jul 2012 by DLA Piper

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... Read More

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways
Posted on 20 May 2014 by DLA Piper

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... Read More