Since the Second Circuit decided Filártiga v. Pena-Irala in 1980, plaintiffs have deployed the Alien Tort Statute (“ATS”) to great effect against multinational corporations. The statute — which had lain dormant since 1789 —...more
4/26/2013 - Alien Tort Statute Extraterritoriality Rules Kiobel v. Royal Dutch Petroleum Co. Royal Dutch Petroleum
The Department of Housing and Urban Development (HUD) recently issued a new rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a...more
3/7/2013 - Burden-Shifting Discrimination Discriminatory Effects Rule FHA HUD Land Developers Lenders
In Gabelli v. SEC, 568 US ___ (2013), a unanimous Supreme Court reversed the Second Circuit and held that the five-year statute of limitations for Government civil penalty enforcement actions under 28 U.S.C. §2642 begins to...more
3/6/2013 - Discovery Rule Fraud Gabelli v SEC SCOTUS SEC Statute of Limitations
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