Searching Content indexed under Litigation, Mediation & Arbitration by Joshua Rogaczewski ordered by Published Date Descending.
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Ip Update, Vol. 20, No. 7
The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional...
United States
15 Aug 2017
Tax Case Sparks Shareholder Derivative Suit
A company never litigates in a vacuum: statements in pleadings or court papers and testimony by company officials can be used against the company in parallel or subsequent proceedings, even unrelated cases.
United States
29 Jul 2016
If Considered Material, False Statements Made To Federal Regulatory Bodies Create Exposure To Criminal Liability
The United States prosecuted Mr. Camick for several acts of fraud under a variety of criminal statutes.
United States
4 Nov 2015
Modification Of Protective Orders To Permit Use Of Discovery Material In Foreign Litigation Must Consider 28 U.S.C. § 1782 Factors
Nippon Steel & Sumitomo Metal sued POSCO and an affiliate in the United States for patent infringement and unfair competition.
United States
14 Sep 2015
Rule 11 Sanctions Are Rare And Reserved For The Most Egregious Of Violations
The U.S. Court of Appeals for the Tenth Circuit reversed an order sanctioning an attorney under Federal Rule of Civil Procedure 11, holding that the district court abused its discretion in finding the attorney's tactical moves were unwarranted.
United States
1 Sep 2015
Poor Litigation Conduct By Prevailing Party Not Enough To Obviate Exceptional-Case Doctrine
Gaymar Industries sued Cincinnati Sub-Zero Products (CSZ) alleging patent infringement. CSZ then instituted an inter partes reexamination proceeding before the U.S. Patent and Trademark Office (USPTO)...
United States
4 Aug 2015
Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s denial of a motion to compel arbitration and remanded the case for an order compelling arbitration.
United States
26 Nov 2014
Tax Court Approves Use Of Predictive Coding During ESI Discovery
On September 17, 2014, the U.S. Tax Court issued its first opinion regarding the discovery of electronically stored information (ESI).
United States
26 Sep 2014
Tax Court Sanctions Use Of Predictive Coding During ESI Discovery
On September 17, 2014, the U.S. Tax Court issued its first opinion regarding the discovery of electronically stored information (ESI). In Dynamo Holdings, Ltd. vs. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), the Tax Court permitted a taxpayer to use "predictive coding" as a first-level review of a large pool of documents.
United States
25 Sep 2014
The New York Court Of Appeals Considers The Consequences Of A Liability Insurer’s Breach Of The Duty To Defend
What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim?
United States
4 Apr 2014
Federal Arbitration Act´s Protection Of Arbitral Awards From Review For "Manifest Disregard Of The Law"
The Supreme Court likely will be called upon to resolve the emerging circuit split on this issue, but until it does so, lawyers drafting arbitration agreements or participating in arbitration disputes must account for the split in their advice to their clients.
United States
25 Mar 2009
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