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Litigation
Take Another Look: Is your legal hold notice discoverable?
Recently, a federal district court denied a motion for a protective order to prevent the disclosure of litigation hold notices because it concluded that the defendants did not intend for the notices to be kept confidential as attorney-client communications, and the notices did not constitute...
Read MoreBoard of Directors
Avoiding “Political Malpractice”: Eight Tips to Design a Government Relations Strategy for Your Business
Major businesses cannot afford to be without organized and effective government affairs operations. Elected officials and regulators increasingly are introducing more aggressive and more wide-ranging measures that significantly impact business interests. Government relations also can help a...
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You Want Me to Go Where for My Deposition? A Road Map for Responding to an Adversary’s Attempt to Depose High-Ranking Executives in Far-off Locales
With fewer cases moving to trial, depositions have become the key to civil litigation. Depositions are routinely used by counsel to exert pressure on a party by attempting to depose high-level executives in inconvenient locations, sometimes thousands of miles and many time zones away, in an...
Read MoreLabor & Employment
Five New Year's Resolutions for Employers
As we look back on 2014, it is clear that “business as usual” with respect to employment practices cannot continue. But with so many developments, deciding where to start can be overwhelming. Here, we have fleshed out five resolutions that will get any employer, large or small, off to...
Read MoreEthics
In-House Counsel’s Upjohn Obligations
I recently attended a conference seminar involving a look at ethical issues for legal officers of a company. Leading the session was both an in-house general counsel of a large U.S. investment company and a member of a law firm representing the view of outside counsel. Part of the discussion was...
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Lack Of Prior Substantiation For Advertised Claims Is Generally Not A Cognizable Theory Of Recovery In Consumer Products Class Actions
An increasing trend in consumer class action litigation, particularly in cases dealing with dietary supplements, over-the-counter drugs, or food products, is for a plaintiff to allege that claims about a product’s benefits cannot be substantiated by scientific evidence and are therefore...
Read MoreLabor & Employment
EEOC “Delivers” Guidance on Pregnancy Discrimination
On July 14, 2014, over the vocal dissent of two commissioners, the Equal Employment Opportunity Commission (“EEOC”) released its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” The Guidance, which focuses on the Pregnancy Discrimination Act (“...
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