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|U.S. Supreme Court Narrowly Interprets Drivers’ Privacy Protection Act’s “Litigation Exception” Rendering a Blow to Plaintiff’s Bar|
Corinne C. Heggie; Hinshaw & Culbertson LLP;
July 19, 2013, previously published on July 12, 2013 In Maracich v. Spears --- S. Ct. ----, 2013 WL 2922120 (Jun. 17, 2013), lawyers sued South Carolina car dealers on behalf of four people who had bought cars, alleging that the car dealers violated the state’s consumer protection law. To form a class action, the lawyers sought out additional...
Karen Lutz; Foley Lardner LLP;
July 17, 2013, previously published on July 15, 2013In April, a number of interesting developments occurred that contribute to the momentum on the topic of materiality in sustainability reporting. The common theme is a focus on better defining material environmental, social and governance (ESG) issues and integrating these issues with financial...
|General Motors New Terms and Conditions Effective July 15, 2013|
Ryan S. Bewersdorf; Foley & Lardner LLP;
July 16, 2013, previously published on July 11, 2013General Motors has announced that Effective July 15, 2013, its general terms and conditions for direct material, customer care & aftersales (CCA) and tooling purchases are changing. The new terms and conditions are part of GM’s implementation of its joint purchasing activities with PSA...
|In re Quest Software Inc. S'holders Litig., C.A. No. 7357-VCG (Del. Ch. July 3, 2013) (Glasscock, V.C.)|
Potter Anderson Corroon LLP;
July 15, 2013, previously published on July 3, 2013In this decision, the Court of Chancery denied plaintiffs’ motion to compel the discovery of privileged documents and communications, finding that the “at issue” exception to the attorney-client privilege did not apply and that the common interest doctrine did apply.
|Growing Judicial Acceptance of Predictive Coding Highlights the Need for Inside and Outside Counsel to Consider Its Use in Document Intensive Litigation|
Akiva M. Cohen; Foley & Lardner LLP;
July 11, 2013, previously published on July 8, 2013When predictive coding technology made its way into the public consciousness in or about 2011, the biggest barrier to its widespread use - and probably the second most common question for attorneys following these issues, right after “does it work” - was the open question of whether...
|Florida's Automobile Insurance Fraud Strike Force Reviews Fraud-Fighting Funding; Approves Corporate Registration Change|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 11, 2013, previously published on July 9, 2013Florida's Automobile Insurance Fraud Strike Force ("Strike Force") met via conference call today, July 9, 2013.
|Lenders Beware - “Reasonable” Repair and Storage Charges Add-up Fast!|
Jonathan Fleisher, Eleonore Morris; Cassels Brock & Blackwell LLP;
July 9, 2013, previously published on July 8, 2013Previously our firm has written about abuses under the Repair and Storage Liens Act (“RSLA”). The recent case of 417 Truck Center v. Daimler Truck Financial is a classic example of why lenders need be concerned. The three key points under this case:
|Defendant’s Request for Bond Premium Costs Denied in Maryland Mass Toxic Tort Litigation|
Anna C. Horevay; Semmes Bowen Semmes A Professional Corporation;
July 8, 2013, previously published on June 2013In Exxon Mobil Corp. v. Ford, the Court of Appeals of Maryland considered whether the assessment of costs for the premiums of a supersedeas appeal bond could be assessed to the plaintiffs in a mass tort case. Because the Court had previously ordered that all appellate costs be paid pro rata by...
|To B or Not To B? Potential Changes to PEI Auto Insurance|
July 4, 2013, previously published on June 28, 2013Significant changes may be coming to the standard automobile policy in PEI, including increases to the accident benefits available under Section B and an increase to the so-called "cap" applicable to claims for minor personal injury.
|Electronic Discovery Costs and Requests for Cost-Shifting|
Nicholas E. Kyriakopoulos; Foley & Lardner LLP;
July 2, 2013, previously published on June 27, 2013A supplier who has had to respond to discovery requests that seek electronically stored information (“ESI”) knows there is a general presumption that the responding party bears the expense of complying with the discovery requests. Although this presumption may be overcome and allow...