Donaldson was too tough on Wall Street, so he got the ax. Then you had Christopher Cox, because he wasn't going to do his job. That's why he got the job.
The five commissioners of the S.E.C. are securities lawyers. Securities lawyers never understand finance. They don't have the math background. If you can't do
Now we know.
The Ninth Circuit held today that domain names ending with .com or .net dwell at 487 East Middlefield Road, Mountain View, CA.
The case involved efforts to collect a judgment against a man, John Zuccarini, who owned some .com or .net domain names. The "situs" of the names mattered for constitutional
U.S. District Judge Ron Clark today used his seat on a Federal Circuit panel as soapbox for speaking out against de novo review of Markman rulings.
In Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), the Court snatched from juries the task of deciding what operative words in a patent mean. The Court held that
The Sixth Circuit today booted a case because it couldn't tell if it belonged in federal court or not.
The lawsuit pitted a Keystone State corporation (with a Pennsylvania principal place of business, which as Blawgletter knows from yesterday coincides with the firm's "nerve center") against a limited partnership. The complaint alleged diversity of
The U.S. Supreme Court today resolved a debate over where a "corporation" has its "principal place of business". The ruling will add certainty to whether federal courts have jurisdiction over many cases invoking "diversity of citizenship".
The relevant statute, 28 U.S.C. 1332, empowers federal courts to decide cases that pit citizens of different states against each other. Section
Plaintiffs who sue under section 1 of the Sherman Act must allege a contract, combination, or conspiracy that restrains competition. Some kinds of conspiracies so patently harm competition that courts presume injury and call them "per se" violations. Agreements between competitors to fix prices, not to compete for specific customers or in particular areas, and to boycott
Lawyers may share fees with other lawyers. But may an attorney take part of a fee just for referring a case?
No, the Second Circuit confirmed in Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., No. 08-4966-cv (2d Cir. Feb. 18, 2010).
The panel cited New York Disciplinary Rule
Holders of convertible notes claimed, through their trustee, that the acquisition of the note-issuing company triggered their right, under the trust indenture, to receive cash or stock if and when a "Public Acquirer Change of Control" took place. "Public Acquirer", according to the indenture, meant a person that "has a class of common stock traded
The Supreme Court of Texas voted 5-3 today to decertify a class action. The class representative, a company that audits telephone bills and seeks refunds for customers, alleged on behalf of a Texas class that Southwestern Bell overcharged by collecting municipal fees it did not have to pay. The majority held that the assignee couldn't adequately represent the
Blawgletter thinks we don't go over the line when we say the Fifth Circuit deserves its rep as the court of appeals least likely to abide a class action.
Fresh proof came last week. The court upheld the denial of class treatment in a securities fraud case against Halliburton. It said, in a footnote:
Plaintiff