Monthly Archives: December 2011

Trade secret lawsuit filed over employee’s social media account

A recent New York Times article covers a lawsuit filed by PhoneDog, a mobile products research and review company, against one of its former employees. http://www.nytimes.com/2011/12/26/technology/lawsuit-may-determine-who-owns-a-twitter-account.html?_r=1&scp=1&sq=PhoneDog&st=cse In November 2011, the Chief Judge of the Northern District of California decided that the … Continue reading

Posted in Intellectual Property | Leave a comment

New Model Order Aims to Rein In Expense of E-Discovery

As many have learned, the expense of pursuing electronic discovery can drive the outcome of a lawsuit to a greater extent than the merits of a case.  So what can be done to get e-discovery costs in check and refocus … Continue reading

Posted in Discovery, E-Discovery | Tagged , | 1 Comment

Indiana Lawyers’ Alternative Fee Arrangements: When Is A Deal A Deal?

A deal is a deal, right? That is not always true when the deal is a fee agreement between a lawyer and a client. With interest in alternative fee arrangements growing among lawyers and clients, Indiana law firms should keep … Continue reading

Posted in Professional Responsibility, Regulation of the practice of law | Tagged , , , , | Leave a comment

Protect IP and SOPA Approach the Starting Line

In the last day, Sen. Harry Reid has said there will be a vote in the Senate on the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property (Protect IP) act on January 24. In the last hour there have been reports … Continue reading

Posted in Copyright, Intellectual Property | Tagged , , , | 1 Comment

The Indiana Senate Attempts to Abolish the American Rule

The general policy under American civil law is that all litigants must bear their own attorneys’ fees (including the prevailing party). American lawyers creatively coined this as the “American Rule.” The American Rule is subject to certain bad-faith, statutory, and … Continue reading

Posted in Attorneys' Fees, Indiana | Tagged , , | Leave a comment

Authors v. Google Enters the Next Stage

The Authors Guild, Inc. et al. v. Google, Inc., 1:05-cv-08136-DC (S.D.N.Y.), began almost 7 years ago when Google’s “Library Project” results were first available online. The lawsuit has just entered a new stage which you would expect at the beginning–a motion for … Continue reading

Posted in Class Actions, Copyright, Intellectual Property | Tagged , , | 1 Comment

Indiana Court of Appeals Thwarts Non-Party Discovery in Out-of-State Arbitration

Getting discovery from non-parties can be a tricky proposition, particularly when the discovery is being sought as part of an out-of-state arbitration.  Equally tricky is resisting discovery if you’re that non-party.  The Indiana Court of Appeals recently provided some protection … Continue reading

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The Latest Edition of the Indiana Appellate Civil Case Law Summary Is Available

Each issue of Res Gestae, the Journal of the Indiana State Bar Association, includes a summary of the recent civil case law decisions published by the Indiana Supreme Court and Indiana Court of Appeals.  For the latest issue written by … Continue reading

Posted in Evidence, Insurance, Jurisdiction, Limitations, Spoliation | Tagged , , , , , | Leave a comment

Update: President Signs JVCA

On December 7, 2011, President Obama signed the Jurisidiction and Venue Clarification Act of 2011.  The JVCA takes effect 30 days after signing, so a new era of federal court practice begins on January 6, 2012. See our previous report … Continue reading

Posted in Federal Practice, Jurisdiction, Removal, Venue | Tagged , , , , | 1 Comment

Indiana Court of Appeals Clarifies Identical Evidence Test in Res Judicata Case

The Indiana Court of Appeals has recently clarified the analysis used in the third factor of res judicata, namely whether a matter was or could have been determined in a prior action.  In Hilliard v. Jacobs, one business partner (Hilliard) sued … Continue reading

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