Law, Strategy, and Risk in Commercial Disputes
Seven hopefuls for pre-trial transfer will hit the argument calendar for the U.S. Judicial Panel on Multidistrict Litigation this Thursday at the Duke University School of Law in Durham, North Carolina.
The Panel plans to hear lawyers explain why their respective groups of cases should — or shouldn't – go to a single federal judge so that she or…
California law favors class actions. So much so that Golden State courts have struck down class-action bans that show up in consumer contracts whether they apply to lawsuits, Discover Bank v. Superior Court of Los Angeles, 113 P.2d 1100 (Cal. 2005), or arbitration cases, America Online v. Superior Court, 108 Cal. Rptr. 2d 699…
Lots of people want to know what voters meant just now when they mostly, in lots of places, swept ins from office and replaced them with outs. Did they want to vent anger? Express anxiety? Demand a new path? Something else?
Blawgletter suspects people wanted to say A Great Many Things, often all at the…
If you've tired of hearing campaign promises about tax cuts, repeal of tax cuts, extension of tax cuts, tax cuts for the middle class, tax cuts for income over $250,000 a year, and the like — relax. Let Blawgletter tell you about an entirely other subject: tax avoidance.
And not just any kind of tax…
Although Abbey and Kirby were no doubt on the stingy side when it came to compensating their brethren, we have not been convinced that the District Court abused its discretion in approving class counsel's allocation.
Victor v. Argent Classic Convertible Arbitrage Fund L.P. (In re Adelphia Communications Corp. Securities & Derivative Litig.), No. 08-4904-cv…
You may remember that in February 2008 the "auctions" that gave "auction-rate securities" their liquidity seized up. Lots of people who'd bought ARSs thought they could sell them about as easily as they could unload shares in money market funds. The slightly higher rate of return made the ARSs more attractive. So they believed.
The auctions…
The Seventh Circuit struck a blow last month for certifying securities fraud cases as class actions — and against the Fifth Circuit's attempt, the panel believed, "to 'tighten the requirements' for class certification" in such cases.
The court held the district court did right by rejecting the defendants' "arguments that if accepted would end the use…
You sell your company, including its "good will", to a competitor. Your buyer promises in the Purchase Agreement to hire you in a "generally comparable" position and to make you "eligible for participation in the Incentive Cash Bonus Plan". But the contract puts the "amount of the bonus . . . at the discretion of the Salary…
Whether to treat a securities fraud case on a class basis often turns on whether the court may presume that class members relied on false statements or omissions by the defendants.
The most common form of presumption — the fraud on the market theory – won the Supreme Court's okay in Basic, Inc. v. Levinson, 485…