Searching Content indexed under Court Procedure by Foley Hoag LLP ordered by Published Date Descending.
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Trademark Investigations In The Age Of Social Media: When Can You "Friend" An Adversary?
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries...
United States
16 Aug 2017
No Deference To State Settlements Under CERCLA? No Problem!
In a concise opinion, Judge Jorgenson ran through the established criteria used to establish procedural and substantive fairness and Ė properly Ė blessed the settlements.
United States
28 Jul 2016
How The New FRCP Rules Affect Patent Litigation
Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015 and include an important change to patent infringement pleading practice...
United States
13 Dec 2015
To Exclude Or Not To Exclude?
Only in the rare circumstance that material (i.e., dispositive) evidence is inadmissible under the Federal Rules of Evidence should a motion to exclude be entertained seriously.
United States
8 Dec 2015
How The Amended Federal Rules Will Change Patent Litigation
Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015 and include an important change to patent infringement pleading practice...
United States
3 Dec 2015
The PTAB's Subpoena Power
Parties harness the PTAB's authority to compel third parties only in rare situations.
United States
30 Nov 2015
Private Company Employees Who Blow The Whistle On Public Company Fraud Are Protected From Retaliation
When it passed the Sarbanes-Oxley Act of 2002, Congress established protections against retaliation for "employees" who report fraud at public companies.
United States
13 Mar 2014
Differentiating Between Junk Science And Admissible Expert Opinion In Pennsylvania
In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion.
United States
19 Dec 2013
The ATSís Second Act: The Supreme Court Looks To Address The Unanswered Questions Of Kiobel
The U.S. Supreme Court granted cert on April 22 in two important cases for the future application of the Alien Tort Statute following its decision last week in Kiobel v. Royal Dutch Petroleum.
United States
26 Apr 2013
Supreme Court Holds That Plaintiffs Must Overcome Presumption Against Extraterritoriality In Alien Tort Statute Cases
The Supreme Court issued its long-awaited ruling in Kiobel v. Royal Dutch Petroleum, the case that was to decide whether the Alien Tort Statute could be applied to corporations as legal persons and whether such lawsuits could be based on actions that occurred outside of the territory of the United States.
United States
22 Apr 2013
The Future Of The Alien Tort Statute, Take II: The U.S. Supreme Court Hears New Arguments On Extraterritorial Liability
The U.S. Supreme Court started its new term on Monday with a holdover from the last term.
United States
8 Oct 2012
Judicial Privacy And Deliberations Protected By Massachusetts High Court Decision
In a case that has received wide attention, the Massachusetts Supreme Judicial Court has issued a decision barring ethics investigators from asking a Masaschusetts judge how he reached individual decisions during his 21 years on the bench.
United States
15 Aug 2012
Seventh Circuit Upholds Corporate Liability Under The Alien Tort Statute
On Monday, July 11, for the second time in four days, a U.S. appellate court issued a decision stating that corporations are proper defendants in cases involving claims under the Alien Tort Statute ("ATS").
United States
26 Jul 2011
Procedural Issues In Bankruptcy Appeals
There are often numerous opportunities for appeals within a single bankruptcy case, with a number of final orders from which appeals can be taken being entered prior to plan confirmation or some other case dispositive event.
United States
11 Dec 2008
DePeiza: SJC Affirms Terry Stop Based On Police Training And Experience
Many criminal prosecutions arise from evidence recovered by police during unplanned street encounters with citizens. Such "threshold inquiries"; or Terry stops are standard investigative techniques employed by law enforcement after the Supreme Courtís decision in Terry v. Ohio, 392 U.S. 1 (1968).
United States
10 Nov 2008
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