Minding Your Business

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

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Stephanie A. Diehl

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Stephanie Diehl is an associate in the Litigation Department in New York. She is a trial lawyer and registered patent attorney whose practice focuses on patent litigation and IP counseling. Stephanie’s practice spans a wide range of technological fields, including software, payment processing, computing systems, cellular phone technology, and medical devices. Stephanie has represented clients in district courts and in the U.S. International Trade Commission. Additionally, Stephanie has represented clients before the Patent Trial and Appeal Board and has experience in preparing and prosecuting patent applications.

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Arbitration Clause Not Binding on the United States Patent Office

By Stephanie A. Diehl and Baldassare Vinti on Posted in Arbitration, Life Sciences
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

Lessons from Wengui v. Clark Hill: Structuring a Two Track Cyber Investigation

By Stephanie A. Diehl on Posted in Privacy & Data Security
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

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
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

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
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
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