Two of the most common queries Proskauer’s UK litigation team is asked to advise upon are (i) the interpretation and scope of indemnities and (ii) liability caps. Over the summer, the English Courts handed down two judgments that focus on
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Minding Your Business, published by Proskauer Rose LLP, covers legal developments and issues affecting businesses across various sectors. The blog addresses topics such as securities litigation, regulatory compliance, corporate governance, labor and employment law, privacy and cybersecurity, and emerging legal challenges in technology and innovation. It also discusses litigation risks in specialized industries like aerospace and sports, transparency in court proceedings, consumer protection enforcement actions, and the impact of biometric data and virtual reality on sports law. The blog provides insights into regulatory changes, enforcement trends, and legal strategies relevant to corporate clients and legal practitioners.
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Second Circuit Affirms Bankruptcy Courts’ Inherent Authority to Impose Civil Contempt Sanctions
Addressing an issue of first impression, the Second Circuit held recently that bankruptcy courts have inherent authority to impose non-nominal civil contempt sanctions, including per diem sanctions and attorneys’ fees, arising out of an attorney’s failure to comply with the…
Federal Court Upholds Arbitral Award Despite Failures to Disclose Potential Bias
By Shiva Pedram
The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of bias. The litigation involved a dispute between the Panama Canal Authority, the government agency responsible for the operation and…
Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End
When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a multidistrict litigation (MDL). 28 U.S.C. § 1407(a). In…
Big Tech, Biometrics and BIPA: Meta’s Recent $68.5M Class Action Settlement
In July, Instagram’s parent company Meta Platforms, Inc. (“Meta”) agreed to a $68.5 million class-action biometric privacy settlement in connection with the company’s alleged violation of Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA).…
Court Orders Significant Sanctions Against Plaintiff for Wiping Company Laptop but Stops Short of Dismissing Complaint
A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such destruction.
In McLaughlin…
Factors in Fee-Shifting for Prevailing Defendants
Statutes permitting discretionary attorney fee-shifting for prevailing defendants vary in the circumstances under which fee-shifting is permitted. Two recent cases tackling the question of why and when a lawsuit warrants shifting attorneys’ fees from a prevailing defendant to the plaintiff…
Recent Partial Dismissal of Illinois Biometric Privacy Suit May Add Some Weight to the Scale on the Side of Defendants
Class action lawsuits accusing companies of violating the Illinois Biometric Information Privacy Act (“BIPA”) have more than doubled following a February 2023 ruling by the Illinois Supreme Court, which found, based on a plain reading of the statute, a separate…
Without Merit: A Cautionary Tale About Boilerplate Litigation Disclosures in Public Company Filings
Counsel for public companies—it may be time to take another look at your litigation disclosures. A recent federal district court opinion held that one company’s use of the phrase “without merit” to describe ongoing litigation in its public filings could…
Two Sides of a Different Coin: Separating Businesses and Subsidiaries for Liability Protection
By Ian Hurst
A parent corporation is typically not held liable for the acts of a subsidiary. As such, disregarding the corporate form (i.e., by piercing the corporate veil) and holding the parent liable is an extraordinary remedy. That said, if a parent…