Litigation

A discussion of recent key litigation.

Analysis of a recent court ruling involving Extraterritorial Securities Fraud.

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.

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.

The Instrumentality Test For Determining Franchisor Vicarious Liability

Prompted by a case involving threats made on Facebook, the Third Circuit has ruled the objective-intent standard for assessing threats still stands.

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.

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.