Posted by Susan E. Engel, Matthew Rawlinson, and Peter Trombly, Latham & Watkins LLP, on Wednesday, August 31, 2022 Editor's Note: Susan E. Engel and Matthew Rawlinson are partners and Peter Trombly is an associate at Latham & Watkins LLP. This post is based on a Latham memorandum by Ms. Engle, Mr. Rawlinson, Mr. Trombly, Samir Deger-Sen, and Morgan E. Whitworth.
A recent decision, if widely adopted, could spare companies from unnecessary discovery costs in claims that may not survive a...
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