Litigation

  • The Courts: Active Players in White-Collar Cases

    In June, the Supreme Court unanimously held that Enron's former CEO Jeffrey Skilling did not commit "honest services" fraud, ruling that the statute under which he was convicted must be limited to bribery and kickback schemes to avoid constitutional concerns over vagueness. The decision should curtail prosecution of a variety of conduct that the government would otherwise seek to criminalize through the statute. In contrast, the courts are expanding the reach of other criminal statutes to encompass conduct previously regarded as outside their scope.

    October 28, 2010Stanley A. Twardy, Jr. and Doreen Klein

  • Bit Parts

    Evidentiary Restrictions on Proving Copyright Substantial Similarity
    Profits Accounting for Use of Band Name Is Nondischargeable Debt
    Third Amended Complaint Allowed in Karaoke Case

    October 28, 2010Stan Soocher

  • No RICO Violation Seen in Alleged Use of TV Show Idea

    The U.S. District Court for the Eastern District of New York dismissed a federal RICO claim that alleged the defendants took the basis for their TV program The Great American Road Trip from a TV show idea created by the plaintiffs.

    October 28, 2010Stan Soocher

  • Verdicts

    Recent rulings of key importance.

    October 28, 2010ALM Staff | Law Journal Newsletters |

  • Rare Move By the U.S. Supreme Court

    In a rare ruling, the Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act.

    October 26, 2010Craig R.Tractenberg

  • Jury Allowed to Consider Testimony on Oral Modification of Lease

    In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania illustrates how such a provision may be waived through the conduct of the parties.

    October 26, 2010Alan Nochumson

  • Case Briefs

    Highlights from the latest insurance cases from around the country.

    October 11, 2010ALM Staff | Law Journal Newsletters |