Courts are notoriously hesitant to award sanctions on counsel, so it is worthwhile to pay close attention when they do. Further, it is important to note that the discretion of the Court can lead to a wide range of results. Two recent cases out of the Western District of New...
Many Judges are reluctant to punish delinquent discovery. To many prosecuting attorneys, it can be a frustrating experience – sending out demands, then follow-up letters, arranging for meet-and-confers, and finally, motion practice that ends with the other side getting a further...
It is not uncommon in litigation and, in fact, is sometimes mandated, that prior to filing a motion, counsel will submit a pre-motion letter to the Judge explaining their position, a preview of what’s to come. Some practitioners might be tempted to set forth a broad sketch of their...
Spoliation of evidence can negatively affect a client’s case before the lawsuit is even filed. Clients should avoid the temptation to delete emails or texts, and affirmatively make certain that no documents are “routinely” deleted with litigation on the horizon, as shown in the...
A complaint missing key factual pleadings and setting forth bare legal conclusions masquerading as facts was recently dismissed in a scathing opinion by the Maryland Federal Court in Temescal Wellness of Maryland, LLC T/A Evermore Cannabis Company, v. Faces Human Capital, LLC, et al.,...
While a former employer cannot impose a non-compete restrictive covenant against an ex-employee in perpetuity, the recent case of Coeur, Inc. v. Wygal, No. 6:20-CV-06473 EAW, 2021 WL 4225657 (W.D.N.Y. Sept. 16, 2021) has shown that trade secrets can indeed remain secret forever. By way...
