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Features

The Stoneridge Decision Image

The Stoneridge Decision

Sarah L. Reid & Damaris M. Diaz

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.

Features

Special Committees and Protecting Privilege Image

Special Committees and Protecting Privilege

Thaddeus J. Malik, David M. Greenwald & Mercedes M. Davis

How can a board discharge its fiduciary duties without waiving otherwise applicable privileges to the investigation and opening the door to discovery of investigation related materials by the government or by third party litigation adversaries? An analysis of recent rulings.

On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Cleaning up After Debtor/Tenants Image

Cleaning up After Debtor/Tenants

Adam J. Rosen & John C. Wright

The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.

Features

'Coudert Brothers': Court Limits Attorney's Retaining Lien Image

'Coudert Brothers': Court Limits Attorney's Retaining Lien

John J. Rapisardi

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.

Features

Collective Bargaining Aftermath Image

Collective Bargaining Aftermath

Catherine Steege & David H. Hixson

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.

Supreme Court Won't Hear Wiretapping Case Image

Supreme Court Won't Hear Wiretapping Case

Tony Mauro

The Supreme Court on Feb. 19 declined to take up the first legal challenge to the Bush administration's once-secret National Security Agency program of warrantless wiretapping.

<b>BREAKING NEWS:</b> NY Appellate Court Recognizes Canadian Same-Sex Marriage Image

<b>BREAKING NEWS:</b> NY Appellate Court Recognizes Canadian Same-Sex Marriage

ALM Staff & Law Journal Newsletters

An Appellate Division, Fourth Department, panel unanimously ruled Feb. 1 that a gay couple's marriage in Canada should be recognized in New York. The ruling, the first appellate decision in the state to recognize a same-sex marriage from another jurisdiction, overturned a Monroe County judge's decision that Monroe Community College did not have to extend health benefits to an employee's lesbian partner.

Hormone Replacement Therapy Opinion: Overturned $3M Verdict Explained Image

Hormone Replacement Therapy Opinion: Overturned $3M Verdict Explained

Gina Passarella

A Philadelphia judge overturned a $3 million jury award, explaining that a woman who sued Wyeth, claiming her breast cancer was caused by the company's hormone replacement drug, did not show sufficient evidence that her doctor would not have prescribed the drug if warnings were better.

Features

CA's Flavor of Implied Warranty Leaves a Sour Taste Image

CA's Flavor of Implied Warranty Leaves a Sour Taste

Nathan Marcusen

A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.

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