Litigation

Recent Posts

New York's First Department Adopts Even More Of Zubulake
Posted on 15 Mar 2012 by William A. Ruskin

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ]... Read More

Remedies For Spoliation Of Evidence
Posted on 6 Apr 2012 by William A. Ruskin

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence... Read More

Every Cloud Has a Lining. Whether It's Silver or Not Depends on You
Posted on 3 Aug 2012 by LexisNexis Litigation Resource Community Staff

OK, we realize that our headline sounds like something we pulled from a fortune cookie, but that doesn't change the fact that when it comes to technology we are dealing with a couple of irritating realities. One is that technological innovation... Read More

When Law Firm Revenue Morphs into an Expense It's Not Pretty
Posted on 11 Sep 2012 by LexisNexis Litigation Resource Community Staff

It's a wonder of nature. After spending week after week eating every green leafy vegetable in sight, a caterpillar forms itself into a chrysalis. Through the miracle of metamorphosis it emerges as a butterfly, just as delicate as it is beautiful.... Read More

Apple® Products: Sturdy Security, PC Differences Require Special Attention in Discovery
Posted on 13 Jan 2013 by LexisNexis Litigation Resource Community Staff

It seems like they have been around much longer, but the first iPod ® was released by Apple Inc. in November of 2001. Suddenly many consumers were using a product made by the maker of Mac ® computers, loved by the likes of artists, designers and... Read More

LexisNexis Launches Financial Restructuring & Bankruptcy Module for Lexis Practice Advisor
Posted on 3 May 2012 by LexisNexis Litigation Resource Community Staff

Easy access to practical guidance and "on point" legal content and analysis help law firms increase productivity and bring junior attorneys up to speed quickly NEW YORK - LexisNexis ® Legal & Professional, a leading provider of content... Read More

Keller & Heckman LLP: Federal Court Finds Personal Jurisdiction over Swedish Parent Corporation
Posted on 9 Jun 2012 by Keller and Heckman LLP

On May 25 th , the Northern District of Ohio's Judge Nugent held that the plaintiff in a medical device product liability case had demonstrated a sufficient jurisdictional basis to proceed against the Swedish parent corporation that manufactured and... Read More

Fulbright Briefing: Supreme Court Holds That Alien Tort Statute Does Not Have Extraterritorial Jurisdiction
Posted on 19 Apr 2013 by Norton Rose Fulbright

On April 17, 2013, the United States Supreme Court held that the Alien Tort Statute ("ATS") does not have extraterritorial jurisdiction in a 9-0 decision in Kiobel v. Royal Dutch Petroleum Co. [lexis.com subscribers can view the enhanced opinion... Read More

6th Circuit Upholds Tobacco Master Settlement Agreement
Posted on 23 Feb 2012 by Tom Moylan

CINCINNATI - (Mealey's) The Sixth Circuit U.S. Court of Appeals on Feb. 22 affirmed the dismissal of antitrust and constitutional challenges brought by General Tobacco to the national tobacco Master Settlement Agreement (MSA) between tobacco manufacturers... Read More

Dewey & LeBoeuf Files For Chapter 11 Bankruptcy
Posted on 29 May 2012 by Joan Grossman

NEW YORK - (Mealey's) The law firm of Dewey & LeBoeuf filed for Chapter 11 bankruptcy on May 28 in New York, listing between $100 million and $500 million in liabilities ( In re: Dewey & LeBoeuf , No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.... Read More

N.J. Risperdal Jury Finds Diabetes Warning Lacking, But Drug Didn't Cause Disease
Posted on 17 Feb 2012 by Tom Moylan

NEW BRUNSWICK, N.J. - (Mealey's) A Risperdal personal injury trial ended Feb. 16 in a defense verdict for Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. after a New Jersey state court jury found that Janssen failed to warn about the... Read More

Keller & Heckman LLP: Washington Issues Green Chemistry Alternatives Assessment Guidance
Posted on 7 Jun 2012 by Keller and Heckman LLP

The August, 2012 deadline for the largest companies to report on the presence of listed chemicals in children's products under Washington State's "Green Chemistry" initiative is edging closer. In the meantime, the state is leading the... Read More

K&L Gates Team Wins Major Jury Verdict For Carnegie Mellon University In Patent Infringement Case
Posted on 28 Dec 2012 by LexisNexis Litigation Resource Community Staff

PITTSBURGH - A team of lawyers from global law firm K&L Gates LLP led Carnegie Mellon University (CMU) to victory over Marvell Technology Group Ltd. and Marvell Semiconductor, Inc. in front of a Pittsburgh jury Dec. 26, winning a $1.1 billion verdict... Read More

Keller & Heckman LLP: Awarding Attorney's Fees In 'Exceptional' Lanham Act Cases: A 'Jumble' Of 'Murky' Law
Posted on 18 Jun 2012 by Keller and Heckman LLP

Richard Leighton's article titled "Awarding Attorney's Fees in 'Exceptional' Lanham Act Cases: A 'Jumble' of 'Murky' Law," is scheduled to appear in the next edition of the prestigious Trademark Reporter. This... Read More

Split 6th Circuit Says Graphic Cigarette Pack Warnings Are Constitutional
Posted on 19 Mar 2012 by Michael Lefkowitz

LOUISVILLE, Ky. - (Mealey's) Given that tobacco companies have learned to circumvent bans on marketing to minors, a divided Sixth Circuit U.S. Court of Appeals said March 19, the U.S. Food and Drug Administration's proposal for large, graphic... Read More