After receiving a litigation hold notice many months ago (which we covered here), you’ve finally stopped panicking about your employer’s lawsuit. That is until you’re told that you’ve been designated as a “corporate representative” to testify at a deposition on behalf of your employer. Your dread sinks in yet again. What does this mean?
Commercial Litigation Update
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Potential Restraints on Counterclaims Interposed in a Derivative Suit
Shareholders who sue derivatively on behalf of a corporation are often faced with counterclaims against them as individuals. The issue of whether such counterclaims are properly interposed against a shareholder in their individual capacity is not typically a heavily contested issue in New York. However, this may soon change as a result of a recent…
Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast
New episode of our podcast, Speaking of Litigation: Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as legal—media.
In the courtroom, a counterclaim can be used to disrupt…
Supreme Court Holds the FCA Scienter Standard Is Subjective, but How Will This Impact Future FCA Litigation?
On June 1, 2023, the U.S. Supreme Court unanimously settled a long-standing dispute over a subjective versus objective standard for scienter under the False Claims Act (FCA), holding that a defendant’s own subjective belief is relevant to scienter, rather than what an “objectively reasonable” person may have known or believed.…
The FTC Finalizes Changes to Endorsement Guides
In a previous blog, we discussed the Federal Trade Commission’s (“FTC”) proposed changes to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”). The Endorsement Guides are intended to help businesses ensure that their endorsement and testimonial advertising conforms with Section 5 of the FTC Act, which prohibits “unfair…
Navigating Legal Risk in Real Estate Development – Speaking of Litigation Podcast
New episode of our podcast, Speaking of Litigation: The old adage about real estate is “location, location, location!” In this Speaking of Litigation podcast episode, however, the central theme shifts to “litigation, litigation, litigation!” as the discussion focuses on the significant implications of legal disputes and challenges in the realm of real estate development.
Detailing storied…
The AI Lawyer: A New Practice Area and a Fertile Ground for Future Litigation
Searching the internet for “AI and litigation” reveals tons of results about how AI will either replace lawyers or transform the legal profession. These results are unsurprising. Since the early 2010s, articles focusing on the potential impact AI may have on lawyers have popped up every few months. But these results miss the bigger and…
SEC Finalizes Cybersecurity Rule: What It Means
On July 26, 2023, the Securities and Exchange Commission (“SEC”) adopted its long-anticipated cybersecurity reporting rule (the “Final Rule”). The Final Rule applies to public companies subject to the reporting requirements of the Securities Exchange Act of 1934 and, in some cases, to foreign private issuers. As quoted in the SEC’s press release, SEC…
Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure
Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where electronic documents with metadata are the norm, this creates special difficulties.…
Battle of the Brands
Summer 2023 is heating up to be the Summer of Barbie. Last week Mattel filed a Notice of Opposition against Burberry’s proposed “BRBY” trademark with the Trademark Trial and Appeal Board asserting likelihood of confusion with Mattel’s Barbie brand. It asserts that Mattel will be damaged if Burberry is permitted to register “BRBY” because the…