The Federal District Court in Philadelphia has sanctioned a lawyer for copying and pasting opposing counsel’s motion in limine and filing it as her own work product the next day. Finding that the motion had been plagiarized, the court granted
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Third Circuit Calls for Sanctions in “Lawyer-Driven” Stock Suit
The Third Circuit recently opined that sanctions were warranted against investors who pursued claims against an ailing company that were brought solely for the purpose of leveraging a settlement. The ruling stands as a stark warning of the potential consequences
U.S. Supreme Court Takes a DIG on Privilege Case
Lawyers, particularly in-house lawyers, across the country had been anxiously awaiting the Supreme Court’s opinion on whether privilege attaches to attorney communications created for legal and non-legal purposes. In re Grand Jury, No. 21- 1397 (U.S.) The collective agita was
Hard Lessons about Hard Copies: Waiving the Privilege at the Front Desk
Thomas Wilkinson and Deborah Winokur co-authored an article for the American Bar Association Litigation Section discussing how seemingly innocuous or careless acts can result in at least a partial waiver of the attorney-client privilege. They look at examples involving waiver
Major Shake Up in the Department of Buildings’ Zoning Division
It is a New Year for D.C. zoning and we are all wondering what 2023 will bring given the recent changes at the Department of Buildings. As of October 2022, the D.C. Department of Consumer and Regulatory Affairs (DCRA) was
Forum Selection Pause: Washington’s Prohibition on Forum Selection Clauses in Insurance Contracts
Since Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), forum selection clauses typically enjoy robust enforcement at both the state and federal levels. For that reason, in many (if not most) jurisdictions, contracting parties have the right and
Waste Water and Ambiguities: Oklahoma Supreme Court Affirms that Carrier Must Defend Oil and Gas Company in Property Damage Suit
In Crown Energy Co. v. Mid-Continent Cas. Co., Case No. 116989, 2022 WL 2128667 (Okla. June 14, 2022), the Oklahoma Supreme Court concluded that seismic activity caused by water waste disposal wells in oil and gas operations constituted an “occurrence”
When Negligence Is Not an Accident: No “Occurrence” for Intentional Land Clearing
A new California Court of Appeal decision, Ghukasian v. Aegis Sec. Ins. Co., 78 Cal.App.5th 270 (2022), see our Alert here, affirms that a mistaken belief about the right to clear land does not transform an insured’s intentional acts
Indiana Supreme Court Refuses to Hold Commercial Crime Policy Covers Ransomware Attack
Typically, comprehensive cyber
insurance policies, rather than commercial crime policies, respond to claims of
data breach and other cybercrimes. With the rise in hacking and ransomware
attacks worldwide, businesses that may have chosen not to purchase cyber
insurance may find
The Insured Should Have Seen It Coming: Nevada Court Enforces Prior Acts Exclusion
Liability policies commonly contain exclusions precluding coverage
when the insured knew or should have known that wrongful acts occurring prior
to a policy’s effective date could later result in a claim. In Alps Property & Casualty Insurance
Company v. Kalicki