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Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
In a recent opinion issued by Chief Judge Scirica (not Chief Judge Sirica; the “Watergate” judge died in 1992), the Third U.S. Circuit Court of Appeals has clarified the hurdle height to “jump over” in order to obtain class action certification. In so doing, the Third Circuit has both “ratified” and, at the same time, “put greater bite into” the trend of imposing a stricter standard for certification. In short, the court re-affirmed that the rules for certification are not based on mere pleadings, but require an actual, careful determination. In Re Hydrogen Peroxide Antitrust Litigation, 552 F. 3d 305 (3d Cir. 2008).
The Ruling
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?