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 | Trevor A. Brown Wins Summary Judgement, Kersh v. Manulife, 792 F.Supp. 2d 1111 (2011) Trevor A. Brown; Starn • O'Toole • Marcus & Fisher A Law Corporation;
Legal Alert/Article February 17, 2012, previously published on December 20, 2011 In the case of Kersh v. Manulife, 792 F.Supp. 2d 1111 (2011), Starn O'Toole Marcus & Fisher director, Trevor A. Brown, announced that the law firm's client won summary judgment dismissing all counts of the plaintiff’s complaint because the claims were time barred.
|  | Will Federal Circuit’s Model Order in Patent Cases Solve the eDiscovery “Problem”? Monica McCarroll, John B. Swingle; Williams Mullen;
Legal Alert/Article February 17, 2012, previously published on February 16, 2012 Chief Judge Rader of the Federal Circuit caused quite a stir among both the patent and eDiscovery bars when he unveiled a new Model Order intended to curb perceived abuses of eDiscovery in patent cases. Chief Judge Rader unveiled the Model Order during his September 27, 2011 remarks at the Eastern...
|  | An Ounce of Prevention to Avoid a Pound of Sanctions: New York Appellate Court Sanctions Failure to Preserve Documents Months Before Litigation is Commenced Nicole Bearce Albano, Ryan J. Cooper; Lowenstein Sandler PC;
Legal Alert/Article February 17, 2012, previously published on February 16, 2012 For any business facing potential litigation, preparing for electronic document preservation obligations now can pay off down the road. Just two weeks ago, in Voom HD Holdings LLC v. EchoStar Satellite L.L.C. (EchoStar), a New York appeals court held that parties to a dispute may have a duty to...
|  | SPCA of Upstate New York, Inc. v. American Working Collie Association: The New York Court of Appeals Clarifies the Reach of Long-Arm Jurisdiction as to Defamation Claims Where Jurisdiction is to Be Based on Transacting Business in the State Charles A. Gilman, Jonathan I. Mark, Dean Ringel, John J. Schuster; Cahill Gordon & Reindel LLP;
Legal Alert/Article February 17, 2012, previously published on February 16, 2012 On February 9, 2012, the New York Court of Appeals held in SPCA of Upstate New York, Inc. v. American Working Collie Association, that the New York Supreme Court’s Appellate Division properly dismissed plaintiffs’ defamation claim against out-of-state defendants for lack of personal...
|  | Civil Suit Challenging North Carolina Medicaid Appeal Procedures Marcus C. Hewitt; Williams Mullen;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 A civil suit recently filed in North Carolina could affect who decides appeals of agency decisions related to the North Carolina Medicaid program, which could in turn affect the difficulty of appealing agency decisions by the Division of Medical Assistance.
|  | What Is A SuperPAC? Understanding What It Means For You. Hiscock Barclay LLP;
Legal Alert/Article February 16, 2012, previously published on February 2012 The term “SuperPAC” refers to a new kind of political action committee that was made possible as a result of two recent court decisions. The first was a landmark decision by the 2010 United States Supreme Court in Citizens United v. Federal Election Commission (“FEC”) that...
|  | 9th Circuit Decision May Hamper Future Export Control Investigations and Prosecutions Gray B. Broughton, John Staige Davis, Jahna M. Hartwig; Williams Mullen;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 If your company produces high-tech or other sensitive items, you might find yourself the target of a bad actor trying to dupe you into sending those goods overseas in violation of the export control rules. If you have a good export compliance program in place and recognize the potentially unlawful...
|  | First Circuit Holds That Section 806 of the Sarbanes-Oxley Act Extends Only to Employees of Public Companies, Not Employees of Private Companies Who Are Contractors or Subcontractors for Covered Public Companies Sean J. Kirby, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 In Lawson v. FMR LLC, No. 10-2240, 2012 U.S. App. LEXIS 2085 (1st Cir. Feb. 3, 2012), the United States Court of Appeals for the First Circuit, in a case of first impression, held that the whistleblower provision in Section 806 of Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A...
|  | The Virginia Freedom of Information Act and its State Citizenship Requirement Upheld: McBurney v. Young Andrew R. McRoberts; Sands Anderson PC;
Legal Alert/Article February 16, 2012, previously published on February 14, 2012 The idea of state sovereignty is not dead. Rather, after the McBurney v. Young case, it appears that lawful distinctions between states and their respective citizens in our grand Republic — or at least in the Fourth Circuit — are alive and well.
|  | FMLA Protects Pre-Eligibility Request for Post-Eligibility FMLA Leave Alston Bird LLP;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 A recent decision by the Eleventh Circuit Court of Appeals reinforces that employers covered by the Family and Medical Leave Act (FMLA) should not entirely ignore the FMLA when an employee who has not reached her anniversary date provides notice of a need for future FMLA leave. In Pereda v....
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