Stephanie A. Diehl
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The Federal Circuit’s recent ruling in MaxPower Semiconductor Inc. et al v. Rohm Semiconductor USA, LLC highlights the interplay between the liberal federal policy favoring arbitration agreements and the Patent Trial and Appeal Board’s (“PTAB”) authority as an agency tribunal having a broad role to protect the public interest in ensuring the quality of patents. Read the … Continue Reading
As the D.C. District Court in Wengui v. Clark Hill recently commented, “[m]alicious cyberattacks have unfortunately become a routine part of our modern digital world. So have the lawsuits that follow them….” The court’s decision in that case has added another data point to developing jurisprudence of the cyberattack landscape, specifically concerning the discoverability of post-breach … Continue Reading
As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product doctrines needed to be produced because Capital One had not met its burden under the dual-purpose doctrine to show that … Continue Reading
Requires More than Merely Adding Counsel’s Name to a Forensic Report. Technical investigations conducted following cyber-incidents often have both legal and ordinary-course business purposes. In certain jurisdictions, reports generated as a result of such investigations can be protected from discovery by privilege and work product protections– despite certain non-legal use – under the “dual purpose” … Continue Reading
Arbitration Clause Not Binding on the United States Patent Office
By Stephanie A. Diehl and Baldassare Vinti on Posted in Arbitration, Life Sciences
Lessons from Wengui v. Clark Hill: Structuring a Two Track Cyber Investigation
By Stephanie A. Diehl on Posted in Privacy & Data Security
District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances
By Stephanie A. Diehl and Nolan Goldberg on Posted in Class Action, Commercial Litigation, Privacy, Privacy & Data Security
Maintaining Privilege and Work Product Protections in Dual Purpose (Legal and Business) Investigations
By Stephanie A. Diehl and Nolan Goldberg on Posted in Litigation, Privacy, Privacy & Data Security
