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HTMLNew York's Highest Court Has a New Chief Judge
Meghan M. Brown, Matthew S. Lerner; Goldberg Segalla LLP;
Legal Alert/Article
February 4, 2016, previously published on January 25, 2016
On 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,...


HTMLNo Ifs, Ands, or Buts: California Court Invalidates Regulation Limiting Consultant Contingent Fee Arrangements
Olga Jane Goldberg, Marc A. Simonetti; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 29, 2016, previously published on January 28, 2016
The 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...


HTMLHow 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.;
Legal Alert/Article
January 29, 2016, previously published on January 21, 2016
On 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...


HTMLI 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;
Legal Alert/Article
January 29, 2016, previously published on January 28, 2016
The 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...


HTMLProduction Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights
Bonnie Freedman, Graeme Hamilton; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 19, 2016
On 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...


HTMLNo “Near Miss” on Offers to Settle Timing, But Discretion on Costs Rests With Trial Judge
Natalie Salafia; Borden Ladner Gervais LLP;
Legal Alert/Article
January 28, 2016, previously published on January 20, 2016
There 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.


HTMLPRACTICE POINTER: Motions for Reconsideration
Lauren M. Dodds; Prenovost, Normandin, Bergh & Dawe A Professional Corporation;
Legal Alert/Article
January 27, 2016, previously published on December 16, 2015
California 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...


HTMLYates Memo Creates Additional Compliance Risk for Labs and Their Executives
Bruce E. Reinhart; McDonald Hopkins LLC;
Legal Alert/Article
January 26, 2016, previously published on January 19, 2016
On 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...


HTMLCounts v. Meriwether
Tal Dickstein, David A. Grossman, Wook Hwang, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
January 25, 2016, previously published on January 7, 2016
District 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...


HTMLFifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 21, 2016, previously published on January 21, 2016
On 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...


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