Litigation

Features

On Jan. 15, 2008, the U.S. Supreme Court handed down its decision in <i>Stoneridge Investment Partners v. Scientific Atlanta</i>, the case that has been called 'the most important securities law case to reach the Court this decade' and 'the securities lawyer's <i>Roe v. Wade</i>.' While the case had both domestic and international corporations concerned about its potential to dramatically expand the scope of 10b-5 claims in order to target third parties doing business with public companies that concern can now be laid to rest.

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The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in <i>In re Coudert Brothers LLP</i> concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.

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A discussion of the aftermath of the recent decision, <i>In re Northwest Airlines Corp.</i>, 483 F.3d 160 (2d Cir. 2007), in which the United States Court of Appeals for the Second Circuit held that a federal court may enjoin a strike by employees covered under the Railway Labor Act (the 'RLA') following rejection of their collective bargaining agreement.

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A new generation of food-related litigation, and class action litigation in particular, has been launched.

All of us who are interested in criminal law have seen the 'Battle of the Experts' ad nauseum. The prosecution trots out an 'expert' with enough acronyms…

Features

Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.

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A recent Massachusetts Appeals Court ruling enforcing an e-mail settlement agreement of a contractual dispute is a reminder to lawyers that e-mail settlements carry the same weight as deals on paper.

Features

The authors are longtime members of the ABA Section of Taxation Civil and Criminal Tax Penalties Committee. Their thrice-annual Saturday morning meetings used to involve continuing education only among lawyers joined by the common bond of representing clients who were not just aggressive in their tax affairs but who really cheated (or at least were thought to have by the government). For the past few years, though, their sessions have been packed with practitioners who never before cared much about developments in the world of criminal tax law. Here's why.