Banking Articles

These Banking articles will give you the news and information you need to stay up to date in the ever changing Banking industry.

May 10, 2010 – 1,161 views
Melissa Lore and Lynn E. Rzonca - Ballard Spahr Andrews & Ingersoll, LLP
If you own U.S. patents and mark your products as patented or patent pending, you could find yourself defending a federal lawsuit. A recent Federal Circuit Court of Appeals decision has opened the floodgates for qui tam plaintiffs to challenge the accuracy and validity of patent marking, requesting to split any statutory damages award with the government—assessed “per article.” Full Story 
May 10, 2010 – 1,176 views
Jason Strain - Baker Donelson
Many major national title insurance companies have just announced they will no longer provide "creditors' rights" coverage in connection with new policies of title insurance. Therefore, commercial real estate lenders and purchasers will now bear certain insolvency risks that were often covered by title insurance endorsements in the past. Full Story 
April 9, 2010 – 1,270 views
Jonathan Bender - Holland & Hart LLP
In Berry & Murphy, P.C. v. Carolina Casualty Insurance Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice insurance coverage decision, the Tenth Circuit held that there was no coverage under a lawyers’ professional liability policy where a claim against a former shareholder was made prior to the policy period. Full Story 
April 9, 2010 – 1,159 views
William Belt - LeClair Ryan
RICHMOND, Va. (2/1/10) – An opinion issued by Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York in January appears to mark an important milestone in the development of litigants’ duties to preserve and produce electronic evidence and counsel’s obligation to understand those duties, according to Bill Belt, a shareholder in LeClairRyan’s Richmond-based Discovery Solutions Practice Group. Full Story 
April 9, 2010 – 1,211 views
Michelle Galloway - Cooley Godward Kronish LLP
Earlier this month, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York, and author of the landmark Zubulake decisions regarding electronic discovery, issued an 88-page decision detailing issues on document preservation, spoliation, discovery conduct, and sanctions. Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, et al.1Pension Committee is not a tale about litigants who intentionally destroyed evidence.  Full Story 
April 9, 2010 – 1,164 views
John Chatowski - Nixon Peabody LLP
The United States Supreme Court has stepped into the fray in a closely watched case involving the collection of personal information by the National Aeronautics and Space Administration (NASA) from “low risk” contract employees at the California Institute of Technology’s (Caltech) Jet Propulsion Laboratory (JPL). Robert M. Nelson, et al., v. National Aeronautics and Space Administration, et al., Supreme Court Case No. 09-530. While the result of this case will directly impact the extent to which the government can collect background information from its employees and third-party contractors, a broad decision by the Supreme Court may impact other areas of the Court’s “privacy” jurisprudence. Full Story 
April 9, 2010 – 1,171 views
C. Erik Hawes - Morgan, Lewis & Bockius LLP
As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically takes a break from his appellate duties to preside over trials of patent cases at the district court level. In one such case, he recently issued a decision reminding lawyers, litigants, and expert witnesses that plaintiffs must have a firm evidentiary foundation before submitting a broad damages theory to the jury. Full Story 
April 9, 2010 – 1,194 views
Baker Donelson
Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.1 Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strategy and resulting failures to competently preserve and produce potentially relevant electronically stored information. Full Story