Articles by: Business Law Journal

CORPORATE LEADERSHIP AND THE UNFINISHED DIVERSITY MOVEMENT

EVAN ROBERTS Successful corporations today should have directors, officers, and managers who come from a broad set of backgrounds.  Despite substantial research indicating that diversity at the board level can benefit shareholders, employees, and other constituents of a firm, efforts on the part of corporations to increase board diversity are […]

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THE THIRD CIRCUIT’S APPROACH TO THE IMPACT OF THE DISCLOSURE OF PRIVILEGED MATERIAL AS IT PERTAINS TO DISCOVERY REQUESTS PURSUANT TO LITIGATION IN A FOREIGN TRIBUNAL: IN RE APPLICATION OF CHEVRON CORPORATION, ET. AL. V. JOSEPH C. KOHN, ESQUIRE, ET. AL.

JAMES DORING In In re Chevron Corp., the United States Court of Appeals for the Third Circuit held that the disclosure of the outtakes of Crude, a documentary about the ongoing litigation between Chevron and Ecuador, did not waive the attorney-client privilege attached to related, but undisclosed, documents and therefore […]

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CLEAR AND CONVINCING EVIDENCE AS PROPER STANDARD OF PROOF FOR A PATENT INVALIDITY DEFENSE UNDER § 282 OF THE PATENT ACT OF 1952: MICROSOFT CORP. V. I4I LTD. PARTN.

MEREDITH NORRIS In June 2011 the United States Supreme Court upheld over a century’s worth of case law concerning the presumption of patent validity, when it adopted the United States Court of Appeals for the Federal Circuit’s holding regarding the proper standard of proof for a patent invalidity defense under […]

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THE UNITED STATES SUPREME COURT GIVES A BROAD INTERPRETATION TO THE ANTI-RETALIATION PROVISION OF THE FAIR LABOR STANDARDS ACT OF 1938 BY RULING THAT THE PROVISION INCLUDES BOTH WRITTEN AND ORAL COMPLAINTS, BUT DECLINED TO RULE ON WHETHER THE PROVISION COVERS INTERNAL COMPLAINTS MADE TO PRIVATE EMPLOYERS: KASTEN V. SAINT-GOBAIN PERFORMANCE PLASTICS CORP.

JORIE BAGNATO In Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court gave a broad interpretation to the anti-retaliation provision of the Fair Labor Standards Act of 19381 (herein-after referred to as the “Act”) by ruling that the provision punishing employers who discharge employees for filing complaints includes […]

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THE UNITED STATES SUPREME COURT HOLDS THAT EXEMPTION 7(C) OF THE FREEDOM OF INFORMATION ACT DOES NOT APPLY TO CORPORATIONS: FCC V. AT & T INC.

JOSH BRICK In FCC v. AT & T Inc., the United States Supreme Court held that Exemption 7(C) of the Freedom of Information Act (hereinafter re-ferred to as “Exemption 7(C)”) is not applicable to corporations. The Court reasoned that corporations do not possess an interest in “personal privacy” under Exemption […]

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