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10 Predictions for 2015 E-Discovery
Predictions include changes to the Federal Rules of Civil Procedure, the impact of the Internet of Things, anonymous social media apps and more.
10 Predictions for 2015 E-Discovery
Vendor Voice: Changes to FRCP, Impact of the Internet of Things, and more.
Pleading Corporate Scienter: Circuits Split on Standard
In his Corporate Litigation column, Joseph M. McLaughlin writes that some circuits have adopted the view that scienter may be imputed to the corporation only where the person who made an alleged misstatement attributable to the company did so with knowledge of its falsity, while others have adopted a broader view of collective corporate scienter. A recent Sixth Circuit decision struck a middle ground.
Feds Collect $24.7B in Penalties—Mostly From Big Banks
The U.S. Department of Justice in fiscal 2014 secured $24.7 billion from its cases, more than tripling its haul from fiscal 2013, U.S. Attorney General Eric Holder Jr. announced Wednesday.
Auto Parts and Antitrust: A Cautionary Tale
In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: In September 2011, the Department of Justice formally announced the first settlement in its investigations into an international automobile parts price-fixing and bid-rigging conspiracy. In the three years since, the DOJ has continued the auto parts investigations, charging more than 30 individuals and 27 companies with antitrust violations, collecting more than $2.3 billion in fines, and demonstrating its resolve in ferreting out bid-rigging, customer allocation and price-fixing across a wide range of industries.
Keywords and Predictive Coding Not Oil and Water
Judge declares a practical approach using keywords and predictive coding is best.
Third Circuit Case Could Limit Consumer Class Actions
An element required for class certification is receiving new attention in Third Circuit case law: the notion of "ascertainability."
Multidistrict Litigation: For Better or Worse
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write that consolidating multiple complex litigations in a single forum pretrial offers considerable benefits in terms of efficiency and cost, but concentrates risk as well, and not all cases can be transferred back to their original jurisdictions for trial. A party, through litigation conduct, can waive its right to transfer in those cases where the rules would otherwise have permitted it. Apple's recent experience is a case in point.HCA, INC. v. AMERICAN PROTECTION INSURANCE COMPANY & INDUSTRIAL RISK INSURERS, ET AL.
HCA, INC. v. AMERICAN PROTECTION INSURANCE COMPANY & INDUSTRIAL RISK INSURERS, ET AL.174 S.W.3d 184COURT OF APPEALS OF TENNESSEE AT NASHVILLENo.…More from ALM
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