Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Om V. Alladi

Om Alladi is an associate in the Litigation Department and a member of the Product Liability practice. Om’s practice encompasses a broad range of complex commercial litigation matters, including product liability defense, class action defense, contract disputes, and insurance recovery actions. He has represented clients in a variety of industries in state and federal courts across the United States.

Om has experience with every stage of litigation, including drafting dispositive motions, taking depositions, preparing witnesses for deposition and trial, and securing favorable outcomes at trial. Om has also been involved in preparing a diverse array of trial memoranda, from cross and direct examinations, to opening and closing statements. Most recently, Om was part of a trial team representing Monsanto in a high-profile product liability case that was resolved with a full defense verdict on all claims.

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Seventh Circuit Rules: Just Saying it Doesn’t Make it So, for Class Certification

Defendants on the losing side of a class certification order were recently provided with a roadmap of how to challenge a district court’s analysis on appeal. On April 12, 2023, the United States Court of Appeals for the Seventh Circuit vacated and remanded a district court’s class certification order because it failed to “rigorously analyze” … Continue Reading

Beware of the Fine Print: Website Design Choices that Carry Legal Significance

Website owners who seek to bind visitors to the terms of an arbitration agreement must make those terms “reasonably conspicuous” under the law, and website visitors must “manifest unambiguous assent” to those terms.  That means that the smallest of details – the font and color of the text, the color of the page, the location … Continue Reading

Ninth Circuit Splits From the Second, Third and Fourth Circuits in “Brain Twister” Arbitration Case

Arbitration provisions are common features of commercial agreements.  Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the freedom to decide everything from what law the arbitrator should apply, to what issues the arbitrator should resolve.  The parties can even delegate to the arbitrator the issue of what should and … Continue Reading

Insurers Did Not Act As Advertised in “Advertising Injury” Suit

Does coverage for liability arising out of “advertising injury” include copyright infringement suits where the insured was not alleged to have engaged in advertisement? In Superior Integrated Solutions, Inc. v. Mercer Insurance Company of New Jersey, Inc., the New Jersey Appeals Court said “yes,” affirming the trial court’s granting summary judgment for an insured.… Continue Reading

Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act

Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to mitigate damages is not an absolute defense to a claim for statutory damages, the Court ruled on Wednesday, … Continue Reading

Chambers and Partners Releases Pharmaceutical Advertising 2018 Guide

Chambers and Partners released its first ever Pharmaceutical Advertising 2018 guide, authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan with assistance from several litigation associates. The guide provides a comprehensive look at the laws and regulations governing pharmaceutical advertising in various markets, and provides important developments in the most significant jurisdictions and legal commentary on … Continue Reading

Proposed Amendment Requires Supporting Papers to Accompany TROs

Currently, the New York Civil Practice Law and Rules permit temporary restraining orders (“TROs”) to be issued without notice to the opposing party – though this practice is discouraged by most judges. CPLR § 6313(a). Notice is not required  if the moving party can demonstrate that there will be significant prejudice by reason of giving … Continue Reading

Home Depot Data Breach Derivative Suit Sent Home

Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot. Home Depot is a multinational home improvement retailer. In September, 2014, Home Depot suffered a data breach that resulted in $192 million in net losses. This breach followed the widely publicized data … Continue Reading
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