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Zoom ADR: Best Practices for Virtually Every Virtual ADR Event
Verrill, September 2020

As the post-COVID-19 “new normal” comes into focus, it is unlikely that civil jury trials will happen in many jurisdictions until at least the spring of 2021. For family law matters, cases involving children or domestic violence will typically take precedence over those that do not. Even in cases involving children, the delays may be significant depending on the backlog of cases that exist from COVID-19 shutdowns...

Domestic Discovery for Foreign Arbitrations? Location, Location, Location!
Verrill, September 2020

International transactions can generate international disputes. A party to a lawsuit in one country may believe that a non-party in another country has information that could be put to good use in the case. Someone being sued in Italy, let’s say, may have engaged the services of an investment banker in New York whose records the other litigant thinks could be used to its advantage in the Italian lawsuit...

COVID-19 and Unprecedented: Litigation Insights, Issue 22
Spilman Thomas & Battle, PLLC, September 2020

In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for employers to keep employees safe and simultaneously avoid lawsuits. In another notable update -- again for employers and business owners -- the Supreme Court of Virginia dismissed a case challenging the Governor's restrictions on businesses amid the pandemic...

Transgender Students Protected from Discriminatory Restroom Policies under Equal Protection Clause & Title IX, Fourth Circuit Court of Appeals Rules
Dinsmore & Shohl LLP, August 2020

On August 26, the United States Circuit Court of Appeals for the Fourth Circuit held that a Virginia School Board’s restroom policy constituted sex-based discrimination in violation of the Equal Protection Clause, and transgender people constitute a quasi-suspect class, entitling them to greater constitutional protections. Moreover, the court also held that the restroom policy violated Title IX, because it discriminated on the basis of sex in a public school setting...

Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act
Dinsmore & Shohl LLP, August 2020

The Ninth Circuit recently ruled against the government on jurisdictional grounds in the False Claims Act (FCA) qui tam case, United States v. United States ex rel. Thrower, No. 18-16408, 2020 U.S. App. LEXIS 24621 (9th Cir. Aug. 4, 2020), holding that a district court’s denial of a government motion to dismiss an FCA action is not immediately appealable under the collateral order doctrine and dismissing the government’s appeal...

First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement
Buchalter, August 2020

On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such HIPAA prosecutions are uncommon, the case underscores the risks health care providers and others run when handling protected patient information and when speaking with government investigators...

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to North Carolina Courts on How to Properly Craft eDiscovery Protocols
Spilman Thomas & Battle, PLLC, August 2020

The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how to properly craft eDiscovery protocols...

Cross-Border Marriages: Connection Substantial Enough to Divorce in Hong Kong?
Deacons, August 2020

The Covid-19 pandemic has been reshaping many personal relationships. Cracks in some family relationships have been exacerbated due to high-pressure confinement under the same roof in lockdown. Such rise in marital conflicts has inevitably caused more breakdown of marriages. Amongst these cases, are families who have homes or businesses both in Hong Kong and Mainland China, who need to consider whether the divorce proceedings should be instituted in Hong Kong or Mainland China...

Fed. Circ. Inconsistent On Bid Protest Waiver Precedent
Bradley Arant Boult Cummings LLP, August 2020

Earlier this summer, the U.S. Court of Appeals for the Federal Circuit issued a split decision in Inserso Corporation v. U.S. that we argued had far-reaching implications for both government contractors and the private bar, relating to timeliness and waiver issues in the bid protest context. The Federal Circuit recently issued another decision, The Boeing Company v. U.S...

Does the Cloud of Vaping-Related Injuries Portend a Storm of Litigation?
Bradley Arant Boult Cummings LLP, August 2020

Electronic cigarettes and vaping have been heralded by many as a safer alternative to smoking traditional cigarettes. An outbreak of illnesses last fall allegedly related to vaping, however, ignited public hysteria and will almost certainly lead to substantial mass tort litigation aimed at manufacturers of e-cigarette devices and vaping liquids...

A Procedural Gamble: Board Prior Art Rejection Did Not Violate the Administrative Procedure Act
Dinsmore & Shohl LLP, August 2020

In FanDuel, Inc., v. Interactive Games LLC, No. 2019-1393 (Fed. Cir. July 29, 2020), the Court of Appeals for the Federal Circuit held that the Patent Trial and Appeal Board (Board) did not violate the Administrative Procedure Act (APA) by rejecting the prior-art combination on which it instituted inter parties review (IPR). The relevant patent claims related to a method of gambling on a mobile device...

Court of Appeal Clarifies Rules for Retaining Emails That are Included in CEQA Records
Hanson Bridgett LLP, August 2020

Key Points Public agencies must retain emails that would be required for inclusion in an administrative record pursuant to CEQA. Agencies must retain “[a]ll written evidence or correspondence submitted to, or transferred from” them “with respect to” CEQA compliance or “with respect to the project.” This includes emails that fit this description...

Buchalter COVID-19 Client Alert: Court Decision Expands Families First Coronavirus Response Act Coverage
Buchalter, August 2020

A recent New York federal court decision has called into question whether businesses may safely rely on Department of Labor guidance regarding the recently passed Families First Coronavirus Response Act (FFCRA). The FFCRA provides employees of businesses with fewer than 500 employees with two temporary forms of paid leave—Emergency Paid Sick Leave and Emergency Family and Medical Leave...

Non-US Financial Institutions may Address Risks of Secondary Sanctions in Contracts
Deacons, August 2020

In the recent English case of Lamesa Investments v Cynergy Bank [2020] EWCA Civ 821, the Court of Appeal (“CA”) affirmed the High Court (“HC”)’s ruling that non-US financial institution borrower Cynergy’s (a) refusal to pay Lamesa did not constitute a default where the ultimate beneficial owner of Lamesa remained a blocked person under US sanctions law based on a clause in the facility agreement that Cynergy would not be at fault if a sum was not paid

First Class: Litigation and Arbitration in London
Haynes and Boone, LLP, August 2020

Recent statistics from London’s Commercial Court and major arbitration institutions confirm London’s reputation as an international hub for dispute resolution, with English law remaining the most popular choice for the resolution of international disputes...

How Parties Structure their Relationship may Affect Tortious Liability
Deacons, August 2020

In John Innes Foundation and Others v. Vertiv Infrastructure Limited [2020] EWHC 19 (TCC), England’s Technology and Construction Court had to decide whether a sub-contractor to a managing agent maintaining standby power equipment was liable to the owners of premises for failure to make site visits and therefore identify that batteries (said to have caused a fire on the premises) needed replacing...

Court Held that Jurisdiction Clause in Settlement Agreement Superseded Arbitration Clause in Original Agreement
Deacons, August 2020

The recent case of Bond Tak (Holdings) Ltd v King Fame Trading Ltd, HCA 2129/2018, concerned an application by the Defendant to dismiss or permanently stay the High Court action on the grounds that the dispute was subject to an arbitration agreement and should be submitted to arbitration or, alternatively, the action should be stayed on the grounds of forum non conveniens and in favour of the Intermediate People’s Court of Guangzhou City in Mainland China (Guangzhou Court)...

Court Set Aside Order to Enforce Arbitral Award for Material Non-Disclosure
Deacons, August 2020

In the recent case of 1955 Capital Fund I GP LLC & ANOR v Global Industrial Investment Ltd, HCCT 61/2019, Hong Kong’s Court of First Instance set aside an Enforcement Order, whereby the Applicants had been given leave to enforce in Hong Kong an arbitration award (Award) made in California. The Court found that there had been material non-disclosure by the Applicants in their affidavit in support of the application for the Enforcement Order...

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020
Spilman Thomas & Battle, PLLC, August 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new insurance coverage disputes from the owners of Cheers in Boston and the internationally known restaurateur Jose Andres in Washington, D.C...

California Supreme Court Upholds Pension Reform Changes As Constitutional
Hanson Bridgett LLP, July 2020

Key Points The California Supreme Court clarified the so-called California Rule on public employee’s "vested rights" to pension benefits, holding that detrimental financial changes to employee pension benefits do not invariably require that offsetting comparable new advantages be provided. And it set a legal framework for analyzing that issue...

From Frying Pan to Fire: Strategic Issues When Reimbursement Disputes Turn Into Criminal Investigations
Buchalter, July 2020

Early on the morning of June 13, 2017, over one hundred federal agents raided facilities across southern California belonging to behavioral health provider Sovereign Heath. The agents provided search warrants indicating that they were seeking evidence of fraudulent billing and kickbacks...

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020
Spilman Thomas & Battle, PLLC, July 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses continue to challenge their insurers' denials of COVID-19-related claims. At the same time, they are looking to Congress for help against potentially ruinous liability claims while also trying to shift current COVID-19-related litigation to the federal courts...

Court Allows Service of Court Documents by Access to Online Data Room
Deacons, July 2020

In the recent case of Hwang Joon Sang & Anor v. Golden Electronics Inc. & Ors (HCA 1529/2019; [2020] HKCFI 1084), Hong Kong’s Court of First Instance allowed a novel mode of ordinary service of court documents, using an online data room, to which the persons so served were given access by being sent a previously Court-approved letter providing a link to the data room with clear pictorial instructions, and by separate communication an access code to the data room...

CFA confirms no pre-existing legal relationship required for one to be an “agent” of another for bribery offences
Deacons, July 2020

Section 9 of the Prevention of Bribery Ordinance (Cap. 201) (POBO) criminalizes corrupt transactions with agents in both public and private sectors. The first question which would come to one’s mind is, who is an “agent”? Under section 2 of the POBO, an “agent” includes “a public servant and any person employed by or acting for another”...

Court permits and encourages banks to comply with disclosure orders by uploading documents to online data room
Deacons, July 2020

In Hwang Joon Sang & Anor v. Golden Electronics Inc. & Ors (HCA 1529/2019; [2020] HKCFI 1233), the Court made an order requiring various banks to supply documents by way of disclosure to the Plaintiffs and permitting (indeed, encouraging) the banks to do so by use of electronic or digital versions of those documents being uploaded to a data room...



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