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In the Courts
In-depth analysis of a recent important ruling.
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Supreme Court Hears Challenge to Fraud-on-the-Market Presumption in Securities Fraud Litigation
Although a shareholder cause of action for fraud on the market is a civil claim, it is one that often follows criminal claims brought against a corporation and/or its officers or employees. Therefore, the outcome in the U.S. Supreme Court case, <I>Halliburton v. Erica P. John Fund</I>, discussed herein, should be of interest to attorneys concentrating their practices in the field of business crimes.
Features
<i>BREAKING NEWS:</i> Ex-Dewey Leaders Charged With Fraud, Theft
Following a nearly two-year investigation that began as Dewey & LeBoeuf spiraled toward death, its former chairman, Steven Davis; its former executive director, Stephen DiCarmine; and its ex-chief financial officer, Joel Sanders, were accused on March 6 of "concocting and overseeing a massive effort to cook the books" at the firm.
Features
Commemorative Ad Isn't Protected Free Speech
Entertainment trade publications often compile special issues and sections that include tribute ads commemorating celebrated individuals and events. The U.S. Court of Appeals for the Seventh Circuit weighed in on the practice in the context of free speech regarding an ad in a special issue of the consumer imprint <i>Sports Illustrated</i>.
Ninth Circuit Upholds WA State Publicity Rights Amendment
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
Features
Limitations Period Bars Claim to Monies From Photos of Robert Johnson
The Supreme Court of Mississippi decided that the estate of the sister of blues legend Robert Johnson waited too long to file suit to obtain royalties and fees from two rare photos of Johnson.
Features
Ninth Circuit Upholds WA State Publicity Rights Amendment
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
Features
The Implied Covenant of Good Faith and Fair Dealing under U.S. Law
It is a truth universally acknowledged that even the most well-written agreement never covers all potential issues that may arise in the future, and that when the rubber hits the road, the parties to the agreement never interpret its terms the same way.
Features
<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels
Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.
Features
Privacy and Ethics For Social Media In Investigations
It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.
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