Litigation

Features

Books and records actions are heralded as the "tools at hand" for litigators pursuing shareholder claims against a corporation. In fact, the Delaware Court of Chancery has been critical of litigants who failed to take advantage of a shareholder's right to request the books and records of a corporation prior to commencing litigation against the corporation.

Features

A U.S. Magistrate Judge in Indiana recently excluded the opinions of two experts because they did not meet the "reliability" criteria specified in Federal Rule of Evidence 702 and the famous <i>Daubert</i> decision. The rulings doomed the badly injured plaintiff's claim because summary judgment in favor of the defendant quickly followed.

Features

Add this to the growing list of legal problems facing Harvey Weinstein, The Weinstein Co. (TWC) and Miramax: Lawyers at Hagens Berman Sobol Shapiro and The Armenta Law Firm have filed a federal racketeering class action against Weinstein, the production company and the studio alleging they conspired "to facilitate and conceal [Weinstein's] pattern of unwanted sexual conduct."

Features

For over a decade now, the Bankruptcy Code has granted a priority of payment with regard to creditor claims for goods received by the debtor in the 20 days before bankruptcy. A creditor merely needs to demonstrate that the debtor "received" the goods within the prescribed pre-bankruptcy interval, and its claim attains priority as an administrative expense. Ah, but therein lies the rub.

Features

The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Although the prosecutions and recoveries vary, between October 2016 and March 2017, "Strike Force" team efforts led to charges against 49 individuals or entities, 152 criminal actions, and more than $266.8 million in investigative receivables.

Columns & Departments

Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.

Columns & Departments

The U.S. Court of Appeals for the Second Circuit has upheld the summary judgment dismissal of the multidistrict lawsuit (MDL) against the maker of the intrauterine birth control device Mirena after finding that none of the experts proffered by the nearly 1,300 plaintiffs were reliable.

Features

<b><i>Scotus Review of Dodd-Frank to Change the Landscape</i></b><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i>, to review a U.S. Court of Appeals for the Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.