Litigation

  • In the Courts

    Analysis of a recent court ruling involving Extraterritorial Securities Fraud.

    October 28, 2013ALM Staff | Law Journal Newsletters |

  • Should the United States Be Doing This?

    A decision earlier this year on a motion to dismiss the complaint filed by the defendants in the case entitled Security and Exchange Commission v. Elek Straub et al. sustains the global reach of the FCPA.

    October 28, 2013Stanley S. Arkin and Robert C. Angelillo

  • Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism

    Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.

    October 02, 2013Stan Soocher

  • Court Watch

    The Instrumentality Test For Determining Franchisor Vicarious Liability

    October 02, 2013Michael W. Tyler

  • SEC Takes First Significant Steps Toward Crowdfunding

    Recently finalized rulemaking by the SEC to implement the Jumpstart Our Business Startups Act allows issuers of securities to engage in general solicitation and advertising to accredited investors in some private placement offerings of securities. Although the SEC's announcement leaves several notable questions unanswered, Rule 506(c) has the potential to enhance the utility of investment programs in the franchise world.

    October 02, 2013Joel R. Buckberg, Taylor K. Wirth

  • e-Discovery Platforms Are Not All the Same

    The value of e-discovery technology varies, depending on a number of factors, including the provider that is hosting the data, the quality of technical support and the nature of the matter at hand. For that reason, there is no single one-size-fits-all platform.

    October 02, 2013Steve Hartwig

  • Bit Parts

    Content Rights Rulings on Presumptive Evidentiary Weight and on Burden of Proof.
    Copyright Act Doesn't Preempt Emotional Distress Claims Over Web Posting of WWE Video

    October 02, 2013Stan Soocher

  • Recent Issues in Cybersquatting Disputes

    There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.

    October 02, 2013Richard Raysman and Peter Brown