Business Torts | JD Supra

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

CFTC Reviewing Over 1 Million E-mails In ISDAfix Interest-Rate Swaps Investigation

by Felix Shipkevich | Shipkevich PLLC on 5/22/2013

CFTC investigators are reviewing over one million e-mails and instant messages as part of an investigation into possible price manipulation of ISDAfix interest-rate swaps....more

Can an Intervening Insurance Company Sue for Breach of Contract?

by Peter Bauman - Senior Associate at Tharpe &... on 5/22/2013

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

by Bill Devinney | BakerHostetler on 5/22/2013

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted...more

TM Owners Beware: Potential IP Scammers Are In Our Midst

by Deborah Peckham | Burns & Levinson LLP on 5/22/2013

There are few things more annoying than the feeling that you have been duped into paying for something that you neither need nor want. IP owners, and particularly trademark owners, are common targets for scammers seeking to...more

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

by Simon Baxter, Frederic Depoortere, Ingrid Vandenborre, James Venit | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

Contribution Between Insurance Carriers And The Duty To Defend

by Peter Bauman - Senior Associate at Tharpe &... on 5/21/2013

In St. Paul Mercury Insurance v. Mountain West Farm Bureau, 210 Cal. App. 4th 645 (10/25/12), the California Court of Appeal addressed the duty of an insurance carrier to defend a general contractor named as an additional...more

Report Indicates FDIC Suing Bank Directors And Officers At Record Pace

by BuckleySandler LLP on 5/20/2013

On May 8, an economic and financial analysis and consulting firm issued a report that indicates the FDIC is on pace to file more suits against bank directors and officers in 2013 than it has in any year since the start of the...more

Recent Insurance Coverage Decisions Of Note In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/20/2013

California Courts handed down some interesting decisions re insurance coverage during the fourth quarter of 2012: St. Paul Mercury Insurance v. Mountain West Farm Bureau (10/25/12) In an equitable contribution action, an...more

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

by Susan E. Foster | Perkins Coie on 5/17/2013

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

Indemnity Prohibition

by Peter Bauman - Senior Associate at Tharpe &... on 5/17/2013

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

Investment Management Legal + Regulatory Update -- May 2013

by Luke T. Bagley, Jay G. Baris, Thomas M. Devaney, Kelley A. Howes, Robert E. Putney, III, Isabelle Sajous | Morrison & Foerster LLP on 5/17/2013

In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in...more

Re: Sino-Forest Corporation – When is an Indemnity Claim Really Just an Equity Claim?

by Domenico Magisano, Jason Squire | Lerners LLP on 5/16/2013

When public companies are accused of accounting irregularities, class action shareholder litigation often follows. The case of Sino-Forest Corporation (“SFC”) is such an example. Weighed down by allegations of accounting...more

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

by Aaron Mandel | Sedgwick LLP on 5/16/2013

Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more

How to Recognize Insurance Bad Faith

by Lewis and Pokora on 5/16/2013

When you purchase an insurance policy and pay your monthly premiums, you expect your insurer to honor claims when you suffer a loss. One of insurance’s greatest benefits is supposed to be the peace of mind it purchases — the...more

Business Interruption Insurance

by Peter Bauman - Senior Associate at Tharpe &... on 5/16/2013

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

Florida Officer-Director Liability For Business Torts

by Schecter Law on 5/16/2013

Generally, a director or officer of a corporation does not incur personal liability for [the corporation’s] torts merely by reason of his official character; he is not liable for torts committed by or for the corporation...more

District Court Denies Countrywide’s Motion to Dismiss AIG Suit

by Orrick - Structured Finance Group on 5/15/2013

On May 6, Judge Mariana Pfaelzer of the United States District Court for the Central District of California allowed American International Group, Inc. (AIG) to proceed with several of its claims against Bank of America and...more

The SEC Action Against the City of Harrisburg: Lessons for Other Municipalities

by Timothy J. Horstmann | McNees Wallace & Nurick LLC on 5/15/2013

The Securities and Exchange Commission ("SEC") recently announced that it has charged the City of Harrisburg with violations of various anti-fraud provisions of federal securities laws in connection with the resource recovery...more

Who Owns the Rights to “To Kill a Mockingbird”?

by Aaron Kase | Lawyers.com on 5/15/2013

Harper Lee only wrote one book in her life, but what a book. Her classic novel “To Kill a Mockingbird,” published in 1960, spins the tale of a small town attorney who tries to stand up against the forces of racial injustice....more

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

by David J. McMahon | Barger & Wolen on 5/15/2013

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

California Civil Depositions Limited To Seven Hours Under New Law

by Peter Bauman - Senior Associate at Tharpe &... on 5/15/2013

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

City of Harrisburg Settles With SEC on Rule 10b-5 Violations

by Michael G. Bailey, David Y. Bannard, Laura L. Bilas, Heidi H. Jeffery | Foley & Lardner LLP on 5/15/2013

Recently, the SEC settled with the City of Harrisburg (City) over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a...more

Q&A With Carlton Fields' Steven Brodie

by Steven Brodie | Carlton Fields on 5/15/2013

Steven Brodie, a shareholder with Carlton Fields, is a commercial litigator in state and federal courts. Q: What is the most challenging case you have worked on and what made it challenging? Originally...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

by Jennifer Clark, Stacey Farrell, Angelo Savino | Cozen O'Connor on 5/15/2013

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

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