When does a purchaser have a claim against a party with whom the purchaser has never dealt when that party made a negligent misrepresentation on which the purchaser relied?
December 22, 2010Stewart E. Sterk
Thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act.
December 22, 2010Amy RuddThis article reviews two cases ' one decision and one case under review by the U.S. Supreme Court ' in which class counsel sought certification of a class after a similar class was denied certification in another jurisdiction.
December 22, 2010Benjamin R. Dwyer and Tracey B. EhlersMany commercial leases involve franchises. Consequently, a dispute between a franchisor and franchisee can result in problems for a landlord.
December 21, 2010David J. KaufmannIn-depth analysis of a recent key case.
December 21, 2010ALM Staff | Law Journal Newsletters |The Dodd-Frank Act directs the Sentencing Commission to amend the Sentencing Guidelines for certain fraud offenses, just as SOX did ten years ago. Those SOX amendments led to sentences greater than under the original Guidelines Manual, and a similar result will likely follow from Dodd-Frank.
December 21, 2010Jodi Misher Peikin and James R. StovallThe DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.
December 21, 2010Gary SteinAlthough it is important for both policyholder and insurer to review carefully the cooperation clause in a liability insurance policy to determine its precise, expressed scope, it also is important for the parties to recognize that ethical rules and decisional law may serve to limit the stated scope of any duty to cooperate.
December 20, 2010Paul A. Rose and Alexandra V. Dattilo