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FINRA Issues Guidance Notice on Confidentiality Provisions in Settlement Agreements and the Arbitration Discovery Process

by Jeff Kern and Manuel F. Gomez In Regulatory Notice 14-40 , FINRA reminds members that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to incorporate into a settlement agreement a confidentiality provision restricting or prohibiting a customer or other...

Purchase of Accounts Receivable Not a Trade Secret: Cal. Comp. Cases December Advanced Postings (11/25/2014)

Here’s the second batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Landmark Medical Management, Petitioner...

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Warner Bros. Studio Facilities, Inc...

Ten Most Significant Insurance Coverage Decisions Of 2014 – Opinion-aided: Courts Granting Policyholders Access To Outside Coverage Counsel’s Opinion Letters

Sometimes a coverage case, especially from a trial court, is selected as one of the year’s ten most significant -- but it is not really so. Rather, it is chosen as a representative of a series of similar cases decided that year. In other words, standing alone, the case would not be one of the year’s...

Chancery Limits Restrictions on Confidentiality of Section 220 Production

The Ravenswood Investment Company, L.P. v. Winmill & Co. Incorporated , C.A. No. 7048-VCN (Del. Ch. Dec. 31, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Chancery ruling limited the number of years that documents produced pursuant to DGCL Section 220...

Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost Never) – Some Clarity from the Appellate Courts

By Donald Kaufman and Kelly Martin * In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to communicate with their client's...

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

Texas v. USA Update: A DOJ 'Advisory,' and Pushback by Plaintiffs

On March 3, 2015, DOJ advised Judge Hanen that USCIS had issued approximately 100,000 three-year EADs for some DACA renewals. The plaintiffs in Texas v. USA pushed back , calling for early discovery.

Colorado: Employer and Carrier Need Not Disclose If They Made Gifts to State Comp Judges

A workers’ compensation claimant may not require a workers’ compensation insurer or counsel for the insured employer to respond to a discovery request that they disclose any gifts “of monetary value” to anyone working for the various Colorado offices administering and adjudicating...

Subrogation is Only Either a Tort or Breach of Contract Action: Insurance Irrelevant to Subrogation Action

Subrogation lawsuits seek recovery from a tortfeasor who caused damage to property, the risk of loss of which was insured, and allows the insurer to step into the shoes of its insured to recover from the tortfeasor what the insured could have recovered had the insured not been insured. In Certain Underwriters...

Delaware Court of Chancery Declines to Require Company to Search Emails of Non-Employee Directors

In Re Lululemon Athletica Inc . 220 Litigation , Cons. C.A. No. 9039-VCP (Del. Ch. Apr. 30, 2015) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Delaware Court of Chancery opinion addresses important issues regarding the scope of documents (including emails) that...

McNees, Wallace & Nurick LLC: Data Encryption and Its Potential Effect on Litigation and Discovery

By Rachel R. Hadrick In September 2014, Apple introduced a new mobile-operating system called iOS8. iOS8 offers enhanced data-encryption protection to Apple users and the content stored on their mobile devices. Apple's advancements in data-encryption technology, however, have also caused concern...

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , in which he held that the Plaintiff, which was suing for misappropriation of trade secrets, was barred from pursuing discovery because it had not identified...

Peter S. Vogel: 7 Reasons For You To Worry About eMail eDiscovery

By Peter S. Vogel eDiscovery is the monster that ate Cleveland and email is the most significant volume of ESI in eDiscovery, and IDC “estimates that as much as 60% of this business-critical information is stored in email and other electronic messaging tools” and as result “email...

Michigan: The 94% Solution

By Joel Alpert and Richard Warsh [fn1] Michigan’s Workers’ Disability Compensation system was created to speed compensation to injured workers. The process and procedures in workers’ compensation proceedings are supposed to be as summary as reasonably possible. MCL 418.853 . The...

E-Discovery: We Still Haven’t Found What We’re Looking For

By Steven C. Bennett [1] | E-discovery, like the computer and telecommunications economy from which it derives, has come a long way. Today, more than ever, in large case and small, “e-discovery IS discovery.” Yet, despite more than 20 years of development of the commercial internet (and...

Court Refuses to Recognize the Claim File Privilege as Providing a Basis for Refusing to Produce Documents in an Insured’s Claim File during Discovery

In Oahu Air , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Eastern District of California refused to recognize the claim file privilege, finding that federal privilege law did not recognize that privilege as a proper ground for withholding documents during...

Peter S. Vogel: Surprise! Cyberintrusions Are Directed At eDiscovery Evidence

By Peter S. Vogel eDiscovery is the monster that ate Cleveland as everyone knows, but storing the ESI (Electronically Stored Information) is at risk to cyberintrusions since the ESI includes “highly sensitive information” as reported by my good friend Monica Bay in Legaltech News. Monica’s...

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)

Here’s the latest batch of advanced postings for the October 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Calvin Collins, Petitioner v...

The Scope of Discovery is Changing!

The Pennsylvania Bar Institute (PBI - famous for their "yellow books" in these parts) contacted me to update a chapter I had previously contributed to their Taking and Defending Depositions coursebook - seminar coming soon to Philly , Pittsburgh , and Mechanicsburg (sadly, I cannot participate...

Virginia: Dismissal of Employee’s Claim Without Prejudice Was Within Commission’s Discretion

The dismissal of an employee’s claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers’ Compensation Commission pursuant to Va. Code Ann. § 65.2–201 and Va. Workers’ Comp. Comm’n R. 1.12 where the employee’s...

Pennsylvania State Court Jury Awards $500,000 In Risperdal Gynecomastia Trial

PHILADELPHIA — (Mealey’s) After a three-week hiatus for the production of newly discovered defense data about the safety of Risperdal and three more days of testimony, a Pennsylvania state court jury on Dec. 11 found that Janssen Pharmaceuticals Inc. and parent company Johnson & Johnson...

About Time! New ALJ Regulations Finally Final

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the final rules were published...