December 1, 2011
Amended Federal Rule of Evidence 502 Expands Non-Waiver due to Inadvertent Disclosure related to any Federal Officer and/or Federal Proceedings.
Written by Steve Herman
November 16, 2011
Magistrate Judge in the Western District of Tennessee outlines Appropriate Steps to Preserve E-Data and/or otherwise effectuate “Litigation Hold” upon Receipt of Preservation Letter or other Notice of Anticipated or Pending Litigation.
Written by Steve Herman
August 4, 2011
ABA Issues Opinion Regarding the Duty to Protect the Confidentiality of E-Mail Communications with One’s Client.
Written by Steve Herman
August 4, 2011
ABA Issues Opinion that No Duty is Owed under Rule 4.4(b) when an Employer’s Lawyer Receives Copies of an Employee’s E-Mail Communications with the Employee’s Counsel on the Employer’s Computer System.
Written by Steve Herman
January 13, 2011
U.S. Supreme Court holds that Manufacturers of Generic Drugs have No Duty to Warn.
Written by Steve Herman
January 13, 2011
U.S. Supreme Court Holds that All Design Defect Claims Against Vaccine Manufacturers are Preempted.
Written by Steve Herman
January 13, 2011
U.S. Supreme Court Holds that State Law No-Shoulder-Belt Claims Against Auto Manufacturers Are Not Preempted.
Written by Steve Herman
January 13, 2011
U.S. Supreme Court holds that Statements in an SPD Cannot be Enforced as Terms of the Plan; but Plan Can be Reformed, in the event of a fiduciary breach, as a form of Appropriate Equitable Relief.
Written by Steve Herman
January 12, 2011
U.S. Fifth Circuit holds that Class Arbitration is Not a “Class Action” within the meaning of CAFA’s Local Controversy Exception.
Written by Steve Herman
May 25, 2010
Magistrate Judge in the Northern District of Illinois imposes Sanctions where, after EEOC complaint was filed, Defendant Allowed Individuals Involved in alleged discriminatory conduct to Search their Own Computers and Decide What to Preserve.
Written by Steve Herman