How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
Class Actions News - Deborah Renner on Dart Cherokee Basin v. Owens
SullCrom Sees Litigation Boom Despite Waning Credit Crisis
Your Deposition: What to Expect
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
A Moment of Simple Justice - Stop Talking
The Burden of Proof -- What must plaintiffs prove to win their case?
How This Investment Firm Hopes to Revolutionize Litigation in America
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
Winston & Strawn's Kessler Sees Change and Opportunity in College Athletics
Decision Time: Patton Boggs Partners Mull Merger With Squire Sanders
Polsinelli Podcasts - Jury or Bench Trial? A Business Litigation Survival Guide
Polsinelli Podcast - Business Litigation Survival Guide
A More Perfect Union: Why Punish Russia for Crimea?
FCPA Compliance and Ethics Report-Episode 45, Interview with Justice Ken Wise
End Game in the Fight Over Same Sex Marriage?
Bill on Bankruptcy: Delaware Garners Almost All Big Chapter 11s
Bill on Bankruptcy: Listening in the Dark at the NCBJ
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
On 21 January 2015 the Privy Council handed down its decision in Nilon Limited v Royal Westminster Investments SA  UKPC 2 clarifying the power of the courts to rectify the share register of a BVI company under section...more
In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for the Second Circuit held that no adjustment for inflation or interest could...more
Most of the cases that come to mind when you think “class action” consist of a large group of plaintiffs (hundreds or multiple thousands) seeking authorization to proceed as a class in one lawsuit against one or a handful of...more
As you end your telephone conversation with the revenue examiner, you think to yourself, “Thank goodness, this one is finally over!” The audit of your biggest client started over three years ago, and has seemingly dragged on...more
In early February, this blog discussed a case involving a grocery store chain that was a victim of a cyber-attack and its transaction processors. See Schnuck Mrkts. v. First Data Merchant Servs Corp., No. 4:13-cv-2226-JAR,...more
In This Issue -
- Coquina Investments v. TD Bank: Examining a Non-Party’s Invocation of the Fifth Amendment - SideBAR
- Dodd-Frank Act Update Financial Fraud Law Report
- Post-Crawford FDCPA Claim...more
We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning...more
Last week, the New York Supreme Court denied Barclays’ motion to dismiss the New York Attorney General’s fraud claim against the bank, finding that the NYAG may proceed with its claim under New York’s Martin Act based on...more
Wednesday, the Fifth Circuit issued its decision in Pilgrim’s Pride and held that a loss on abandoned securities is ordinary. The Fifth Circuit rejected the IRS’s argument that Section 1234A and Section 165(g) apply to treat...more
These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by...more
Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) –
The owner of assets purchased in a bankruptcy sale sought to reopen a closed bankruptcy case to obtain an order enjoining the owner of the...more
Florida’s Fifth District Court of Appeal recently filed an opinion that emphasizes the importance of properly authenticating evidence in support of a motion for summary judgment. In Colon v. JP Morgan Chase Bank, N.A. et al.,...more
A New York federal district court recently issued a strong denunciation of the practice of debtors attempting to induce debt collectors into committing violations of the Fair Debt Collection Practices Act (FDCPA). Finding...more
In this Newsletter:
- Gather The Facts And Assess The Risk Up Front.
- If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove.
- Invest Time, Effort And Resources In...more
In NECA-IBEW v. Goldman Sachs, the Second Circuit arguably opened up a new door in class action litigation when it held that investors in one securities offering had standing to represent a putative class of investors in...more
Most bankruptcy lawyers might think that the dismissal of a bankruptcy proceeding and the revesting of the bankruptcy estate’s assets in the debtor bring an end to the bankruptcy court’s jurisdiction....more
What happens when a debt buyer sends a letter to a debtor offering to “settle” a debt—one whose statute of limitations has run? In the Sixth Circuit, at least, a claim that the communication violates the Fair Debt Collection...more
A New Jersey federal district court held (in an unpublished opinion) that a former plan participant’s same-sex spouse who never enrolled in the benefit plan did not have standing to assert a claim alleging that his spouse’s...more
The Texas Supreme Court will hear argument in two mandamus petitions on Wednesday, February 25, 2015, beginning at 9:00 am. ...more
Arbitration is sometimes touted as less expensive and less risky for businesses than traditional courtroom litigation, especially when it comes to consumer disputes. But disgraced cyclist Lance Armstrong's most recent legal...more
BofA’s “hustling” attempt to overturn a $1.27 billion judgment against it and Countrywide—along with the individual defendant identified in the next paragraph, the “Defendants”—in the U.S. District Court for the Southern...more
On January 20, 2015, the U.S. Supreme Court, in a unanimous decision written by Justice Sonya Sotomayor, issued its first trademark ruling in more than a decade. The Court held that “trademark tacking” is a factual issue...more
In this Newsletter:
- An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?
- The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield.
On February 12, 2015 the U.S. District Court for the Western District of Kentucky held that claims presented by the CFPB regarding a Kentucky-based law firm’s alleged violations of Section 8 of the Real Estate Settlement...more
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