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|Eliminating Duplicate Claims With the Gist of the Action Doctrine|
Adam M. Sorce; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 7, 2016, previously published on December 1, 2016Increasingly, insureds in premises liability cases and property damage/subrogation cases are faced with defending complaints and joinder complaints containing claims of negligence and breach of contract. The focus of this article will be applying the Gist of the Action Doctrine to eliminate...
|Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad|
Mark D. Herlach, Francis X. Nolan, Robert D. Owen, Phillip E. Stano, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
December 6, 2016, previously published on December 6, 2016On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law enforcement to seek a warrant from a “magistrate judge with authority...
|TCPA Hazards Abound Following Busy Month for the FCC|
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
November 30, 2016, previously published on November 28, 2016On November 16, 2016, the Federal Communications Commission (FCC) issued a final rule regarding the treatment of debt servicing and collection calls made by or on behalf of the federal government under the Telephone Consumer Protection Act (TCPA). The rule, a result of the Bipartisan Budget Act of...
|“Secret” Agent: A Person with Apparent Authority Can Bind Another Even to Unknown Deal|
Anthony L. Leccese; Rudolph Friedmann LLP;
November 24, 2016, previously published on November 16, 2016An agency relationship arises when one person (a “principal”) indicates by written or spoken words or other conduct that another person (an “agent”) has authority to act on the principal’s behalf and the agent consents so to act. Apparent authority is the power held by...
|The US Attorney, CFTC, and Navinder Sarao|
Douglas M. Grom, Harris L. Kay, Gregory K. Lawrence; Greenberg Traurig, LLP;
November 24, 2016, previously published on November 16, 2016We have previously provided updates1 on the Navinder Singh Sarao case, pending in the U.S. District Court for the Northern District of Illinois. After being charged in February 2015 with fraud and spoofing related to the 2010 Flash Crash, Sarao, then resident in the United Kingdom, fought a...
|District Court Will Not Wait for the Publication of Technical Standards by The Department of Justice and Declines to Dismiss or Stay ADA Website Accessibility Litigation|
Alisa N. Carr; Leech Tishman;
November 24, 2016, previously published on November 11, 2016On November 3, 2016, United States District Judge Mark G. Matroianni (D. Mass.) entered an Order denying Motions filed by Harvard University (“Harvard”) and the Massachusetts Institute of Technology (“MIT”) to dismiss or stay ADA Website Accessibility litigation filed by the...
|Federal Rule 6(d) Amendment Removing 3 Days To Respond To Electronically Served Papers Goes Into Effect Dec. 1, 2016|
Carranza M. Pryor, Jonathan M. Young; Greenberg Traurig, LLP;
November 24, 2016, previously published on November 16, 2016On April 28, 2016, the Supreme Court of the United States approved amending Federal Rule of Civil Procedure 6(d) to remove electronic service from the modes of service under Rule 5(b)(2) that allow an extra three (3) days to respond.
|Auto Insurer Narrowly Escapes Large Default in UIM Suit on Restricted Appeal|
Martin Disiere Jefferson Wisdom L.L.P.;
November 23, 2016, previously published on October 31, 2016Last Wednesday, a Texas court of appeals threw out a $960,000 default judgment against State Farm in an underinsured motorist case. In State Farm County Mutual Automobile Ins. Co. v. Diaz-Moore, No. 04-15-00766-CV, 2016 WL 6242842 (Tex. App.-San Antonio Oct. 26, 2016), State Farm's insured was...
|No Bad Faith in Battered Bentley Case Due To Insured’s Failure to Cooperate &
MSJ Granted for Carrier|
Martin Disiere Jefferson Wisdom L.L.P.;
November 23, 2016, previously published on October 31, 2016A federal judge in Dallas granted summary judgment last week in favor of an auto carrier, dismissing all of a policyholder's extra-contractual claims in an auto damage dispute. In Alhamzawi v. GEICO Casualty Co., N0. 3:15-CV-3295-K, 2016 WL 6277809 (N.D. Tex. Oct. 25, 2016), the insured's Bentley...
|Litigators’ Perspective on the Patent Eligibility of Software: Courts Continue to Refine the Analysis in the Wake of Key Supreme Court Decision|
Brandon Scruggs, Lisa M. Tittemore; Sunstein Kann Murphy & Timbers LLP;
November 23, 2016, previously published on November 2016Recent precedential opinions from the Federal Circuit Court of Appeals - one of which represented a victory for our client Iatric Systems - allow some insight regarding the boundary between what is and what is not patent-eligible subject matter in the field of computers and computer software. In...