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| 1 | Outside Counsel Subjected To Deposition on Internal Investigation Robert R. Stauffer; Jenner & Block LLP; December 24, 2008, previously published on October 2008 Involvement by outside counsel in an internal investigation does not always ensure that the investigation will be protected by the attorneyclient privilege. |
| 2 | First-to-File and Choice-of-Forum Roots Run Too Deep For Micron to Curb Most Races to Courthouse Michael A. Cicero; Womble Carlyle Sandridge & Rice; December 22, 2008, previously published by Journal of the Patent and Trademark Office Society on November 24, 2008 This principle continues to ring true for venue battles waged in patent infringement cases, even after Micron Technology, Inc. v. MOSAID Technologies, Inc. |
| 3 | Trials and Trial Procedure Dawn K. Robertson, Christine Tabbert; Fasken Martineau DuMoulin LLP; December 20, 2008, previously published on November 2008 Our litigation bulletin series is designed to demystify the litigation process. This latest bulletin is about trials and trial procedure. |
| 4 | Judge Prohibits Defense Firm's Representation of All of Defendant's Former Employees Hinshaw & Culbertson LLP; December 18, 2008, previously published on November 20, 2008 The court held that counsel for the corporate defendant would not be permitted to represent four current or former employees of the corporate defendant who were merely fact witnesses because doing so would prevent plaintiff from obtaining informal discovery. |
| 5 | Oregon Supreme Court Finds No Right to Jury Trial for Enforcement of Settlement Agreement Matthew E. Hedberg; Ater Wynne LLP; December 15, 2008, previously published on November 19, 2008 In McDowell Welding & Pipefitting, Inc. v. U.S. Gypsum Co. et al., the Oregon Supreme Court recently held that specific enforcement of a settlement agreement taking the form of an executory accord is an equitable claim, as opposed to a legal claim, and is not subject to a jury trial. |
| 6 | Offensive Collateral Estoppel May Be Used Against Attorneys in Bar Proceedings Hinshaw & Culbertson LLP; December 12, 2008, previously published on November 18, 2008 Factual determinations in a civil case held usable by way of offensive collateral estoppel in bar disciplinary proceedings governed by "preponderance" standard if those determinations were essential to the underlying civil matter. |
| 7 | Uniform Law Commission Promulgates New Act for Obtaining Foreign Testimony Jennifer R. Scullion, Sarah Reisman, Victoria Loughery; Proskauer Rose LLP; December 12, 2008, previously published on November 14, 2008 The Uniform Law Commission has adopted a new act that will provide parties involved in international disputes in state courts some relief from the difficulties often involved in obtaining sworn statements from witnesses located abroad. |
| 8 | What Did You Know and When Did You Know It - New York Narrowly Interprets the "Knowledge Exclusion" L. D. Simmons; McGuireWoods LLP; December 12, 2008, previously published on November 17, 2008 Professional liability and D&O insurers regularly rely on "prior knowledge exclusions" to restrict coverage. These exclusions apply if the insured knew, prior to commencement of the policy period, that the activity in which it was involved would result in a claim against it. |
| 9 | Supreme Court Tightens Preliminary Injunction Standard David B. Salmons, Frank M. Hinman, Robert A. Brundage, Bryan Killian; Bingham McCutchen LLP; December 12, 2008, previously published on November 18, 2008 The United States Supreme Court's decision in Winter v. Natural Resources Defense Council, No. 07-1239, has clarified the standard for issuing preliminary injunctions in federal court and reaffirmed that the decision on a preliminary injunction can dictate the ultimate resolution of the case. |
| 10 | "Catch-All" Language in Denial Letter Preserves Insurer's Defense in Pennsylvania State Court Action Kirk Zapp; Clausen Miller PC; December 11, 2008, previously published on November 2008 In 1804-14 Green Street Assoc., L.P., v. Erie Ins. Exchange, No. 1763, 2008 Phila. Ct. Com. Pl. LEXIS 196, (Pa. C.P. Philadelphia County Aug. 21, 2008), a Pennsylvania state trial court judge held that an insurer in a first-party property coverage dispute did not waive the right to raise a policy... |
