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|New York's Highest Court Has a New Chief Judge|
Meghan M. Brown, Matthew S. Lerner; Goldberg Segalla LLP;
February 4, 2016, previously published on January 25, 2016On Thursday, January 21, 2016, the New York State Senate confirmed Governor Andrew Cuomo’s nomination of Janet DiFiore for the state’s next chief judge of the Court of Appeals, New York’s highest court. Chief Judge DiFiore was previously the Westchester County District Attorney,...
|No Ifs, Ands, or Buts: California Court Invalidates Regulation Limiting Consultant Contingent Fee Arrangements|
Olga Jane Goldberg, Marc A. Simonetti; Sutherland Asbill & Brennan LLP;
January 29, 2016, previously published on January 28, 2016The California Superior Court struck down a regulation that imposed a de facto ban on contingent fee arrangements between businesses applying for the California Competes tax credit and consultants. The Court ruled that the regulation exceeded the scope of the statute by adding requirements to the...
|How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
January 29, 2016, previously published on January 21, 2016On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. “Like other...
|I Don't Get No Respect: Kentucky Supreme Court Rejects Deference to Board of Tax Appeals Statutory Interpretation|
Charles C. Capouet, Charles C. Kearns; Sutherland Asbill & Brennan LLP;
January 29, 2016, previously published on January 28, 2016The Kentucky Supreme Court held that the interpretation of inheritance tax statutes by the Kentucky Board of Tax Appeals was not entitled to Chevron deference. Deference is given only to an administrative agency’s interpretation of the statutes which it administers. The Board is merely a...
|Production Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights|
Bonnie Freedman, Graeme Hamilton; Borden Ladner Gervais LLP;
January 28, 2016, previously published on January 19, 2016On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties. The Court...
|No “Near Miss” on Offers to Settle Timing, But Discretion on Costs Rests With Trial Judge|
Natalie Salafia; Borden Ladner Gervais LLP;
January 28, 2016, previously published on January 20, 2016There is no "near miss" allowed on the timing of offers to settle under Rule 49.10 of the Rules of Civil Procedure, but residual discretion always rests with the trial judge in awarding costs, as the Court of Appeal confirmed in its recent judgment in König v Hobza.
|PRACTICE POINTER: Motions for Reconsideration|
Lauren M. Dodds; Prenovost, Normandin, Bergh & Dawe A Professional Corporation;
January 27, 2016, previously published on December 16, 2015California law provides several procedural mechanisms for obtaining a second “bite at the apple” (writs, appeals). However, none may be so efficient as the Motion for Reconsideration. If you have been working with your attorney for months on a motion, developing your facts, collecting...
|Yates Memo Creates Additional Compliance Risk for Labs and Their Executives|
Bruce E. Reinhart; McDonald Hopkins LLC;
January 26, 2016, previously published on January 19, 2016On Sept. 9, 2015, Deputy Attorney General Sally Quillian Yates issued a memorandum to all federal prosecutors and civil enforcement attorneys mandating a new emphasis on prosecuting individual defendants who are legally responsible for corporate wrongdoing. The so-called Yates Memo represents a...
|Counts v. Meriwether|
Tal Dickstein, David A. Grossman, Wook Hwang, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
January 25, 2016, previously published on January 7, 2016District court grants defendants’ motion for summary judgment on copyright infringement claim brought by two screenwriters against creators of Fox sitcom “New Girl,” finding no evidence defendants had access to plaintiffs’ screenplay and that works were not substantially...
|Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim|
Sutherland Asbill Brennan LLP;
January 21, 2016, previously published on January 21, 2016On Tuesday, the Fifth Circuit affirmed a judgment for the insurers of a drilling rig that rejected a claim from the rig owner for approximately $17 million in losses. Following a storm in February 2010, a jack-up drilling rig encountered severe weather and the rough seas caused the rig’s legs...