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Another FCC Broadcast Case Designated for Hearing - With Much Different Stakes
  • Wilkinson Barker Knauer LLP
  • USA
  • October 12 2018

Yesterday, the FCC issued a hearing designation order - though one with much lower stakes than the last designation order issued by the FCC which


Sixth Circuit Reaffirms Due Process Right to Cross-Examine Title IX Accuser
  • Vorys Sater Seymour and Pease LLP
  • USA
  • October 9 2018

Last year, in Doe v. University of Cincinnati, 872 F.3d 393 (6th Cir. 2017), the Sixth Circuit held that, when credibility


Witnesses, Don’t Succumb to Shame
  • Holland & Hart LLP
  • USA
  • September 20 2018

The witness is somewhat slumped in the chair as the cross-examination bears down on him. As the defendant, he knows he is the focus, the civil law’s


Part 17 of “The Restricting Covenant” Series: Realtors, Real Estate Agents, and Restrictive Covenants
  • Drinker Biddle & Reath LLP
  • USA
  • September 10 2018

At least once a month I receive a postcard in the mail from a local, regional or national realtor about homes sold recently in my neighborhood. These


Court of Appeal confirms committal jurisdiction after CPR 71 cross-examination
  • Freshfields Bruckhaus Deringer
  • United Kingdom
  • September 7 2018

The Court of Appeal has handed down judgment in Alexander Vik and Deutsche Bank AG 2018 EWHC 3265 (Com). The important principles engaged by this


USPTO Issues an Update to the AIA Trial Practice Guide
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • August 29 2018

The USPTO first published its AIA Trial Practice Guide (“TPG”) in August 2012. The TPG provides practitioners with guidance on typical procedures


Ontario Court of Appeal Affirms Dismissal of Action Against Auditors Because of Failure to Prove Damages
  • WeirFoulds LLP
  • Canada
  • August 28 2018

The Court of Appeal for Ontario recently addressed the issue of auditor’s liability, post-Livent1, in Fairfield Sentry Ltd. v PricewaterhouseCoopers


North America construction (1993) Ltd. v. Yukon energy corporation, 2018 ykca 6
  • Harper Grey LLP
  • Canada
  • May 31 2018

The rule in Browne v. Dunn is an evidentiary rule directed at achieving fairness. It is often misapplied. In North America Construction (1993) Ltd. v


Institution Denied: No Genuine Issue of Material Fact Where Petitioner Relies on Incorrect Claim Construction
  • Jones Day
  • USA
  • May 29 2018

The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May


NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard
  • Proskauer Rose LLP
  • USA
  • May 14 2018

As we previously reported here, here and here, the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains