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Searching Content indexed under Litigation, Mediation & Arbitration by Duane Morris LLP ordered by Published Date Descending.
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1
Sometimes, You CAN Always Get What You Want: Counseling Clients On Taking Breaks Before A Federal Grand Jury
Sooner or later, nearly every white collar defense attorney will represent a witness subpoenaed to testify before a federal grand jury. It is well settled in most circuits that federal
United States
23 Aug 2019
2
Chancery Forecloses Reliance On Technical Truths, Delayed Disclosures As Defenses To Disclosure-Related Breach Of Fiduciary Duty Claims
Fiduciary duties are fundamental concepts in Delaware corporate law. Directors and officers owe duties of care and loyalty, and from these obligations flows
United States
19 Aug 2019
3
Open Sesame? UK Supreme Court Guidance On Non-Party Access To Court Documents
Non-party requests for trial documents filed in English High Court proceedings are the regular diet of English litigators advising US clients. A potential claimant (as we call the plaintiff)
UK
19 Aug 2019
4
Infrastructure Criteria For Sustainable Infrastructure Development And Rapid Growth – How The CPTPP And The EUVN Free Trade Agreement And Investment Protection Agreement Can Contribute
According to the World Bank, Vietnam has one of the fastest growing economies in the world—7.1% GDP growth in 2018, and 6.7% at the mid-point of 2019
Vietnam
14 Aug 2019
5
Second Circuit Asks How To Address 924(C) Appeals In The Wake Of Davis
The Supreme Court's landmark ruling in United States v. Davis, 588 U.S. ___ (2019), has opened the floodgates to hundreds of petitions seeking to overturn convictions under the residual clause of Section 924(c).
United States
9 Aug 2019
6
Proving The Retail Transaction: Ascertainability In Food And Cosmetic Mislabeling Class Actions
Most consumers quickly discard receipts for food or cosmetics purchases, particularly when the items bought are low cost.
United States
26 Jul 2019
7
Public-Priate-Partnerships (PPP) And CPTPP And EVFTA/IPA Dispute Settlement Provisions And The Draft PPP Law
Public-Private-Partnerships (PPP) have long been used as a vehicle for both emerging and developed markets to further enhance their public infrastructure to support growing socio-economic needs.
Vietnam
25 Jul 2019
8
Second Circuit Addresses Requirements And Considerations For Sealing (And Unsealing) Allegedly Sensitive Documents Filed In Lawsuits
Reversing a series of decisions by the U.S. District Court for the Southern District of New York that sealed a number of court filings in a defamation action related to the allegations of sexual misconduct.
United States
22 Jul 2019
9
#Metoo Round 2 - Sweeping Legislation To Transform New York Employment Landscape Yet Again
On June 19 and 20, 2019, New York legislators passed a package of bills, including bills designed to strengthen discrimination and sexual harassment protections in the workplace, to prohibit wage differentials based on...
United States
5 Jul 2019
10
Double Jeopardy "Loophole" Withstands Supreme Court Review In Gamble v. United States
The protection against double jeopardy is guaranteed by the Fifth Amendment of the United States Constitution.
United States
1 Jul 2019
11
Supreme Court Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law, a "bare-metal" manufacturer is liable for failure to warn of dangers posed...
United States
29 May 2019
12
Third Circuit Reverses On Restrictive Covenant Agreement's Enforceability In New Jersey
On April 26, 2019, the Third Circuit Court of Appeals vacated and remanded two district court decisions in which the courts had held that a restrictive covenant agreement ...
United States
28 May 2019
13
Third Circuit Reverses N.J. Court Decisions On Restrictive Covenant Agreement's Enforceability
On April 26, 2019, the Third Circuit Court of Appeals vacated and remanded two district court decisions in which the courts had held that a restrictive covenant agreement—offered only to the company's highest-performing sales employees
United States
28 May 2019
14
In Franchise Class Action, The Ninth Circuit Retroactively Applies California's Independent Contractor Standard
In Vazquez v. Jan-Pro Franchising International, Inc., a decade-old proposed class action against a franchisor, the Ninth Circuit ruled on May 2, 2019
United States
20 May 2019
15
Playing By The Rules: What Is The Value Of The Singapore Infrastructure Dispute-Management Protocol In Vietnam?
Can a new Singapore dispute resolution protocol spur efficient infrastructure development in Vietnam? It's a question worthy of examination considering a slew of high-profile disputes,
Vietnam
7 May 2019
16
A Minute About Minutes–Part II
A few years ago we highlighted on this blog an opinion where the Court of Chancery's analysis turned, in part, on its impression of the quality of the corporate minutes at issue.
United States
7 May 2019
17
Law Of The Case? Not In Our Forum! Continuing Trend Of PTAB Aggressively Using Its Discretionary Powers To Deny Institution Of IPRs
By statute, Congress gave the Patent Trial and Appeal Board ("PTAB") broad discretionary power in deciding whether or not to institute an inter partes review ("IPR") proceeding.
United States
2 Apr 2019
18
SCOTUS Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law.
United States
2 Apr 2019
19
Dernieres Nouvelles Sur Les Energies Eoliennes – Nouveau Modele D'Accords D'Achat D'Electricite – Une Bancabilite Amelioree? Ce Qu'il Faut Savoir:
Le Ministère de l'industrie et du commerce du Vietnam (MIC) a publié la Circulaire 02 (applicable à partir du 28 Février 2018)
United States
18 Mar 2019
20
Continuing Coverage Of GE v. Vestas: Wind Turbine Patent Litigation
Since July 2017, the two leading wind turbine providers in the United States – General Electric and Vestas, reportedly controlling more than 80% of the U.S. wind turbine market
United States
11 Mar 2019
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