Circuit Updates

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  IP: Discoverability of settlement negotiations

  By Marla Butler  |  May 15, 2012

  Settlement negotiations no longer off-limits after the Federal Circuit resolves district courts’ split

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  Internal investigators not protected from retaliation

  By Julie Beck  |  May 10, 2012

  No good deed goes unpunished, so they say, and that’s certainly the case in Wednesday’s 2nd Circuit ruling

• Litigation: Knowledge is power–for defendants

  By Matthew Ingber  |  May 10, 2012

  The 2nd Circuit denies mortgage-backed securities class certification

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  Maker’s Mark wax seal gets trademark protection

  By Ashley Post  |  May 10, 2012

  The 6th Circuit ruled yesterday that the red dripping-wax seal that has appeared on bottles of Maker’s Mark bourbon since 1958 is an “extremely strong” trademark that deserves protection.

• Labor: Retaliation under the FLSA – Where do we stand?

  By Wendy Voss, E. Chaney Hall  |  May 7, 2012

  Courts are likely to continue to broaden the scope of what is considered a filed complaint

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  Shield law protects reporter from cross-examination

  By Mary Swanton  |  April 30, 2012

  A 2nd Circuit case against Goldman Sachs turns into a debate over New York's shield law

• Roundup: 3rd, 6th, 10th and 11th Circuits

  By Ashley Post  |  April 30, 2012

  No future injury means no injunctive relief; Test clarified in hostile work environment case; Medical condition justified termination; Arbitration clause enforceable for bank overdraft fee disputes

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  Iqbal and Twombly transform federal litigation

  By Adele Nicholas  |  April 30, 2012

  Courts are unevenly applying two infamous Supreme Court decisions

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  EEOC's discrimination crackdown poses challenges for employers

  By Mary Swanton  |  April 30, 2012

  Experts offer tips on how to stave off claims

• Failure-to-warn claims preempted in Texas unless the FDA finds fraud

  By Julie Beck  |  April 30, 2012

  5th Circuit decision deepens circuit split on fraud-on-the-FDA statute preemption