The sometimes icy litigation stream that finds it headwaters in the pain-killer Vioxx loosed a freshet today, when the Third Circuit vacated dismissal of a securities fraud complaint against the nonsteroidal anti-inflammatory’s maker, Merck & Co. The 2-1 majority held that public disclosures and speculations didn’t put investors on "storm warnings" notice of an association
The struggle over antitrust policy goes ever on.
A majority of the Federal Trade Commission Commissioners today disagreed with a report by the Department of Justice on misbehavior by firms in their acquisition and wielding of monopoly power. The FTC and its Competition Bureau share responsibility for enforcement of federal antitrust law with the DOJ’s
Peter S. Vogel has launched Vogel IT Law Blog. Peter serves as Chair of the Electronic Discovery Team and co-Chair of the Technology Industry Team at Gardere Wynne Sewell LLP. Today he writes about the weirdness of the Jerry Seinfeld-Bill Gates commercial that features the pair fitting Bill with The Conquistador at Shoe
The first Republican president.
Extemporaneous speaking should be practiced and cultivated. It is the lawyer’s avenue to the public. However able and faithful he may be in other respects, people are slow to bring him business if he cannot make a speech. And yet there is not a more fatal error to young lawyers than
Mock trials don’t usually involve mock turtles.
Blawgletter just returned from two days of mock trying an antitrust class action. So we thought we’d share a few thoughts about the experience:
The Hon. Richard Posner had a different Big Boy in mind.
A Seventh Circuit panel split today on the question of whether a "no reliance" — or "big boy" — clause defeated a claim alleging fraud in connection with negotiation of a release.
The majority focused on contract language in which the parties represented that
The sign owner dislikes needless racket. Nature abhors a vacuum. The law hates superfluity.
The Federal Circuit today held that a patentholder didn’t release future patent infringement claims despite release language that . . . released future patent infringement claims. The saving grace? That the parties’ lawyers, while drafting a settlement agreement that resolved patent
The Texas Lawyer’s Tex Parte Blog has a new post up — "Susman Godfrey on a roll at state’s high court".
Did this man pay the City of New York tobacco tax?
A 2-1 panel of the Second Circuit today reversed dismissal of claims arising from Internet merchants’ allegedly fraudulent failure to report sales of cigarettes to customers within the City of New York. The allegedly deceptive conduct deprived the city of tax money — dollars
Napoleon I (1769-1821) before St. Helena.
Never interrupt your enemy when he is making a mistake.
