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  • Article

    Becoming A Creditor In A Bankruptcy Case Triggers A Duty To Preserve Documents

    A litigator in bankruptcy court is challenged with mastery of a trial lawyer's skills as well as the developing substantive law, jurisdictional and otherwise, governed by the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections

    On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Texas Bankruptcy Court ‘Likes’ Facebook And Twitter Accounts As Property Of The Reorganized Debtor

    The Court found that the Facebook and Twitter accounts were property interests under the bankruptcy code because business social media accounts provide valuable access to customers and potential customers.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Butler Snow LLP
    Butler Snow LLP
  • Article

    "Additional Insured" Counseled To Read The Policy

    An Illinois General Contractor learned a hard lesson the other day; the case is Vivify Constr., LLC v. Nautilus Ins. Co., 2017 IL App (1st) 170192.
    United StatesInsurance
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Another (Need We Say It?) Disappointed Additional Insured

    One commentator has called the scope of Additional Insured coverage "[o]ne of the oldest and most confounding debates in the insurance world."
    United StatesInsurance
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Ohio Court Gives Effect To A Different Kind of Reservation Of Rights Letter

    The importance of the ordinary reservation of rights letter – "we will defend you, but that doesn't mean we're going to pay a judgment" — is well known.
    United StatesInsurance
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Fee Shifting In Trade Secrets Cases

    So, what’s "bad faith" sufficient to trigger the fee shift?
    United StatesIntellectual Property
    Butler Snow LLP
    Butler Snow LLP
  • Article

    The PTAB Giveth, And The PTAB Can Constitutionally Taketh Away

    In a highly anticipated opinion, this morning the United States Supreme Court affirmed the Patent Trial and Appeal Board's authority to reconsider ...
    United StatesIntellectual Property
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Allegation That Court Itself Was Victim Of Fraud Causes Federal Judge To Recuse Himself, All Other Judges In The District

    Allegation that court itself was victim of fraud causes federal judge to recuse himself, all other judges in the district
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    "Bruce Pearl" Kicks Employee In Head Prompting Tennessee Supreme Court To Resolve Court Of Appeals Split

    Bruce Pearl is still generating controversy in Tennessee. But this time it is a Tennessee walking horse named Bruce Pearl, rather than the basketball coach.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Can Civil Litigation Be Prompt, Efficient, And Cost-Effective? Maybe In Alabama

    In September of this year, Alabama joined the more than 25 other states with a procedure for the expedited handling of certain civil actions.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Do Warnings Work?

    We observed some while ago that at least some courts have questioned the "heeding presumption," which presumes that if a manufacturer gave a warning, a consumer would have followed it.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Do We Lawyers Really Know It All? What About The "Focus Group"?

    Trying a business case to a jury presents unique and sometimes difficult challenges.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    From Contractor To Conflict: Independent Contractors And On-The-Job Injuries

    With the proliferation of mobile applications providing ride-share, third-party food delivery, and even same-day handyman services has come a national conversation...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Going Private Mergers: More Lenient Standard Of Judicial Review Now Available

    A recent Delaware Supreme Court decision has changed the rules for post-transaction litigation review for "going-private transactions."
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Louisiana Legislature Makes Substantial Changes To Litigation Procedures

    On June 11, 2021, Louisiana Governor John Bel Edwards signed into law Act 176 making substantial changes to Louisiana's procedural rules governing answers and the taking of default judgments...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Louisiana Legislature Makes Substantial Changes To Litigation Procures

    On June 11, 2021, Louisiana Governor John Bel Edwards signed into law Act 176 making substantial changes to Louisiana's procedural rules governing answers and the taking of default judgments...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    No Panacea: Proportionality Under New Rule 26(b)

    On December 1, very significant changes to the Federal Rules of Civil Procedure went into effect. After nearly five years of work and debate, the new rules have debuted with both fanfare and trepidation.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Recent Case Breathes New Life Into Old Law In South Carolina

    Introduction: Employers have long used independent contractors to efficiently and effectively perform work and provide services while at the same time insulating themselves from direct...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Recent Changes To The Mississippi Rules Of Civil Procedure

    The last quarter of 2024 and the beginning of 2025 saw multiple amendments to the Mississippi Rules of Civil Procedure that will impact Mississippi practitioners.
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP

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