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Inflation Reduction Act
Predictive Coding Sanctioned as an "Expedited and Efficient" Discovery Method by the United States Tax Court
The volume of electronically stored information (“ESI”) has exploded, often making discovery prohibitively expensive. Supporters of “predictive coding” [1] champion it as a way to reduce significantly the cost of discovery. Opponents, however, label predictive coding as an unreliable and...
Delaware Court Approves Out-Of-State Forum Selection Bylaw Adopted At Time Of Merger
To listen to the podcast, please click here . In City of Providence v. First Citizens BancShares Inc. et al. , C.A. No. 9795-CB (Del. Ch. Sept. 8, 2014), the Delaware Court of Chancery (Bouchard, C.) held that a minority...
Texas Supreme Court Holds Trial Court Must Have Personal Jurisdiction Over Potential Defendants Targeted by Rule 202 Pre-suit Discovery
To listen to the podcast, please click here . Introduction and Summary Rule 202 of the Texas Rules of Civil Procedure allows a Texas trial court to authorize a pre-suit deposition to investigate a potential claim before an actual lawsuit...
Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct
The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust...
Courts Affirm Limits on Scope of Environmental Review
Ruling on a pipeline project and a mine project, two different federal courts issued decisions Monday affirming limits on the scope of environmental review. The pipeline case was a challenge to Enbridge's Flanagan South pipeline, designed to transport tar sands...
9th Circuit Appeals Court: Clean Air Act Permits Must Address Latest EPA Requirements
On August 12, 2014, the 9th Circuit Court of Appeals overturned a Prevention of Significant Deterioration (PSD) permit issued under the Clean Air Act (CAA) by EPA to the Avenal Power Center. Sierra Club v. EPA, No. 11-73342 (9th Cir...
SDNY Judge Orders Microsoft to Produce Emails Stored Abroad
Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel Microsoft Corporation (Microsoft) to...
Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's Denial of a Petition for Rulemaking
On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for rulemaking. In Texas Commission on Environmental...
S.D.N.Y. Issues Spoliation Sanctions Against Foot Locker
The sanctions recently levied against Foot Locker serve as a potent reminder that understanding data and document preservation requirements is imperative. A New York federal judge issued sanctions against Foot Locker last week for negligently failing to issue and implement...
Texas Supreme Court Rejects a General Cause of Action for Minority Shareholder Oppression
The Supreme Court of the State of Texas recently issued a significant opinion relating to the remedies available to minority shareholders of Texas corporations. In Ritchie v. Rupe , No. 11-0447 (Tex. June 20, 2014), available here , the Court...
Texas Supreme Court Clarifies Spoliation Under Texas Law
After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions regarding “spoliation” of evidence – the...
Supreme Court Grants Cert on Trademark "Tacking"
Last week, the Supreme Court of the United States granted a writ of certiorari in Hana Financial, Inc. v Hana Bank . The issue presented is whether trademark "tacking" is an issue of fact for a jury or an issue...
Supreme Court Effectively Shuts Down Aereo's Television Streaming Service
The Supreme Court of the United States announced an important copyright decision Wednesday in American Broadcasting Cos. v. Aereo, Inc. (573 U.S. ____ (2014)). The 6-3 decision by Justice Breyer reversing the United States Court of Appeals for the Second...
U.S. Supreme Court: Police Must Obtain Warrant Before Searching Cell Phones
In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California , 573 U.S. ___ (2014), that officers may not search a cell phone incident to a lawful arrest...
Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas
To listen to the podcast, please click here . On June 19, 2014, in Alice Corp. v. CLS Bank International , the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue — directed to the...