Category Archives: Litigation

Introducing the New SmartExpert: Self-driving Car “Drivers”

The National Highway Traffic Safety Administration has deemed the artificial intelligence that controls Google’s self-driving car a qualified “driver” under federal regulations. So, if a computer can drive, must we have a computer testify as to whether this new “driver” was negligent? It sounds laughable: “Do you, computer, swear to tell the truth?” But, with …

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Introducing the New SmartExpert: Self-driving Car "Drivers"

The National Highway Traffic Safety Administration has deemed the artificial intelligence that controls Google’s self-driving car a qualified “driver” under federal regulations. So, if a computer can drive, must we have a computer testify as to whether this new “driver” was negligent? It sounds laughable: “Do you, computer, swear to tell the truth?” But, with …

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Attorneys Facing An Uphill Battle In Litigation Should Consider Option Value When Arguing Valuation

Let me tell you a sad story; Joe owned a marketing company and earned a prosperous living for several years. Joe’s business was growing rapidly and all seemed right with the world. Then a trusted employee left Joe’s firm, taking with him half of Joe’s customers in violation of his non-compete agreement. Joe’s business slowly …

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Close-up Of Male Lawyer With Arm Crossed Standing In Front Of Book Shelf

New Federal Rules of Civil Procedure: 3 Must Read Changes

Although the Supreme Court will say they’re simply more “proportional,” it seems they were trying to find a new phrase that would lead to less abuse of the relevancy standard.  This, however, is only one of the significant changes recently doled out in the December 1, 2015 amendments to the Federal Rules of Civil Procedure …

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dna (1)

Ariosa v. Sequenom: In Search of Yes After a Decade of No

The Federal Circuit this Wednesday declined to reconsider its June decision in Ariosa v. Sequenom, a closely watched medical diagnostics case involving patents on cell-free fetal DNA testing. Biotech companies, investors, and patent lawyers alike should expect a prompt petition for certiorari, and should hope that the Supreme Court grants it.  (Disclosure: I was one of …

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The fruit shelf in Leon supermarket.

Vermont GMO Battle Continues in Second Circuit

The Second Circuit Court of Appeals is currently in the midst of an interlocutory appeal by the Grocery Manufacturer’s Association (“GMA”) and others of the District Court of Vermont’s denial of a request for a preliminary injunction against Vermont’s “Right to Know” Act. The Act, passed by the Vermont legislature on May 8, 2014, and …

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Wedding and engagement rings

Obergefell Uncertainty re: Same Sex Spousal Benefits

On June 26, 2015, the U.S. Supreme Court removed a cloud of uncertainty for same-sex couples when it ruled, in the landmark decision of Obergefell v. Hodges, that the equal protection and due process clauses of the Fourteenth Amendment require all states to issue marriage licenses to same-sex couples seeking to marry and to recognize …

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Supreme Court Green v. Brennan

Controlled Burn: Attorney Perspective on Lone Pine Orders

A Lone Pine order is basically a controlled burn, or it accomplishes the same objective at least.  In theory, it is a “fire” used to prevent the growth or blaze of meritless litigation.  Don’t want a nasty, complex lawsuit to grow or blaze out of control?  Hit it with a Lone Pine order early on …

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Close of football on yard line stripe. American Football

Deflategate: A Critique of Judge Berman’s Decision

By now, almost everyone is familiar with Judge Berman‘s decision vacating Commissioner Roger Goodell’s award upholding a four-game suspension of New England quarterback Tom Brady in connection with the tampering of air levels in footballs during the 2015 AFC Championship game. Judge Berman found that Commissioner Goodell’s award was deficient in the following respects: (1) …

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Close of football on yard line stripe. American Football

Deflategate: A Critique of Judge Berman's Decision

By now, almost everyone is familiar with Judge Berman‘s decision vacating Commissioner Roger Goodell’s award upholding a four-game suspension of New England quarterback Tom Brady in connection with the tampering of air levels in footballs during the 2015 AFC Championship game. Judge Berman found that Commissioner Goodell’s award was deficient in the following respects: (1) …

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