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March 15, 2021 | Law.com

4th Circuit: Market Risks Hindsight Is Not Enough to Support Securities Fraud Claim

Statements and omissions arising from legitimate, subjective business judgments that allegedly become misleading only with the benefit of hindsight are insufficient to create the "strong inference" of intent necessary to satisfy the heightened standard for pleading a securities fraud claim.
6 minute read
December 07, 2020 | Law.com

Employee Transfers May Subject Employers to 'Adverse Actions': Fourth Circuit Provides Guidance

Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions.
6 minute read
October 07, 2020 | Law.com

Helpful But Prejudicial Trial Evidence May Come at a Cost

Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit's recent decision in 'Macsherry v. Sparrows Point.'
6 minute read
August 05, 2020 | Law.com

Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation

The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation.
6 minute read
June 08, 2020 | Law.com

Fourth Circuit Ruling Limits Punitive Damages Awards for Sexual Harassment under Title VII

Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put employers on alert.
7 minute read
April 20, 2020 | Law.com

Personal Jurisdiction Does Restrict Where a Corporation Can Be Sued

A South Carolina resident sued Marriott in a federal court in his home state after suffering an injury in a Marriott-affiliated hotel overseas. The Fourth Circuit's decision provides helpful guidance on the scope of personal jurisdiction over corporations, and offers some food for thought for litigants.
7 minute read
February 10, 2020 | Law.com

Fourth Circuit Considers Limits of Federalism

One recent Fourth Circuit decision is an example of the court exploring the role of federalism in federal jurisdiction, in what is known as the "Rooker-Feldman" doctrine.
6 minute read
December 09, 2019 | Law.com

Fourth Circuit: Attorney-Client Privilege Is Worth Fighting For

The Fourth Circuit's decision highlights the importance of this protection for effective attorney-client relationships, and a willingness to safeguard the privilege when it is at risk.
7 minute read
November 13, 2019 | Law.com

What's Next: Does America Need A Federal Privacy Agency? + Spies in the Valley + California Spills Details

Lawyers are sounding off on the push to create a federal agency to oversee user privacy.
7 minute read