Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.
New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies
As the adoption of cryptocurrencies — or digital currencies that are encrypted for security — spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations indicate that cryptocurrency-based transactions will be under greater scrutiny than ever before.
How Defendant's Prior Conduct Can Impact Copyright Cases
In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.
Adult Use Zoning in New York
New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.
Defamation and the Disgruntled Defendant
<b><i>Anti-SLAPP Legislation and Defamation Claims</i></b><p><b><i>Part Two of a Two-Part Article</i></b><p>After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.
The Dark Web
The goals of this article are: 1) to provide a basic outline of the structure of the Web and to provide some insight into the purpose for and content housed on each level; and 2) to give some practical tips on preventing your company's data from ending up on the Dark Web.
Engaging Lawyers in a Follow-Up Initiative: A Case Study
A look at a recent group coaching initiative at a major law firm. Having had success with group coaching in the past, the CMO established a six-month pilot program and chose eight attorneys to participate. Here's what happened.
<i>Legal Tech</i><br>Sedona Conference Releases Finalized Third Edition of the Sedona Principles
<b><i>The Often-Cited e-Discovery Guidelines Were 'Put Through the Ringer,' and the Result Is Updated Principles and Expanded Commentary for a New Technological Age</b></i><p>Outside of guiding rules of evidence and procedure, the Sedona Principles are perhaps the most often-cited guidelines for handling electronic discovery today. But the Principles had not seen a full-scale rewrite since 2007. Since that time, electronic data sources have exponentially increased and e-discovery itself has morphed into a $10 billion business. The wait, though, has come to a close.
