Court’s Inherent Sanction Powers – Not Rule 37(e) – Govern When Relevant Information (ESI Included) is Intentionally Deleted

By | All About eDiscovery | April 26, 2017
Court’s Inherent Sanction Powers – Not Rule 37(e) – Govern When Relevant Information (ESI Included) is Intentionally Deleted In Hsueh v. N.Y. State Dep’t of Fin. Servs., (No. 15 Civ. 3401 [PAC], 2017 WL 1194706 [S.D.N.Y. Mar. 31, 2017]) the Southern District imposed spoliation sanctions (specifically, an adverse inference) on the plaintiff in a sexual harassment case, because of her intentional deletion of a recorded conversation relevant to her allegations.   View Full Post
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China Difficulties, Netflix, and Why We Love Licensing

By | China Law Blog | April 26, 2017
China Difficulties, Netflix, and Why We Love Licensing In Netflix finally finds a way into China, CNN’s Sherisse Pham explains how “six months after admitting defeat in its bid to crack China, Netflix has found a way to tap into the vast market.” To summarize, Netflix for years was trying to set itself up in China, so as to be available to viewers in China, just as it is available in “over 190 countries.” View Full Post
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These Class Action Lawyers Made Their Fees the Old-Fashioned Way. They Earned Them!

These Class Action Lawyers Made Their Fees the Old-Fashioned Way.  They Earned Them! It’s not very often that I see a fee application in a settled class action in the Business Court that doesn’t strike me as requesting approval of an overpayment for a less than successful result.  Those are most often in the settlement of merger class action in which the only benefit for the class was the extraction of additional disclosures in a proxy statement. View Full Post
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Union Invades the Dorm, Student Resident Advisors to Vote at GWU

Union Invades the Dorm, Student Resident Advisors to Vote at GWU Imagine having parents dropping a child off at your college and finding that there is a picket line up with the resident advisors (RAs) indicating that they are on strike against the college.  Sound unreal?  Actually it may be what college administrators, parents and students find at George Washington University next fall as the Regional Director of the National Labor Relations Board (NLRB) View Full Post
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What’s the Buzz? Tell Me What’s a-Happening

By | EnviroStructure | April 25, 2017
What’s the Buzz? Tell Me What’s a-Happening When the U.S. Fish & Wildlife Service placed the rusty patched bumblebee on the endangered species list back on March 21, many observers wondered how this action could impact a wide variety of infrastructure development proposals.  Unlike some of the recent controversial species management actions that implicated areas of the American west more accustomed to Endangered Species Act (ESA) issues, View Full Post
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IoT Privacy Lawsuit- Bose Sued for Taking Headphone Data Without Consent!

IoT Privacy Lawsuit- Bose Sued for Taking Headphone Data Without Consent! A class action was filed against Bose which alleges that Bose “Unbeknownst to its customers, however, Defendant designed Bose Connect to (i) collect and record the titles of the music and audio files its customers choose to play through their Bose wireless products and (ii) transmit such data along with other personal identifiers to third-parties—including a data miner—without its customers’ knowledge or consent.” View Full Post
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Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working On President Trump’s Border Wall

Possible Constitutional Issues with Proposed State/Local Sanctions Against Contractors Working On President Trump’s Border Wall President Trump has signed Executive Order 13767 that directs a wall to be built on the Mexico-United States border.  The Department of Homeland Security has sought proposals to design and build a prototype of the border wall, and many contractors have submitted offersView Full Post
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