As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal...more
5/13/2020
/ Business Litigation ,
Commercial Contracts ,
Commercial Court ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Event Cancellation ,
Force Majeure Clause ,
Insurance Litigation ,
Material Adverse Effects ,
Refunds ,
Rent ,
Securities Fraud ,
Tuition
No one knows how long we will be living in this COVID-19-inspired Twilight Zone episode. Estimates vary widely over how long shelter in place rules will remain in effect around the country, and no one knows how things will be...more
As the end of the Supreme Court term approached, decisions came down fast and furious. Last week’s big decisions, at least around our nerdish water cooler, were Halliburton and Fifth Third Bancorp v. Dudenhoeffer. (Yes, we...more
7/7/2014
/ Cell Phones ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
FIfth Third Bancorp v Dudenhoeffer ,
Halliburton ,
Popular ,
Recess Appointments ,
SCOTUS ,
Search Warrant ,
US Bancorp ,
Warrantless Searches
Yesterday, the Supreme Court released its highly-anticipated decision in Hallburton Co. v. Erica P. John Fund, Inc. As we (and, to be fair, others) predicted after the oral argument, the Court did not have the appetite to...more
6/24/2014
/ Basic v Levinson ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Fraud ,
Fraud-on-the-Market ,
Halliburton ,
Halliburton v Erica P. John Fund ,
Popular ,
Presumption of Reliance ,
SCOTUS ,
Securities Fraud
As often happens in the vicinity of courthouse steps, the high-profile Silicon Valley hiring antitrust class-action lawsuit has settled, pending court approval. In re: High-Tech Employee Antitrust Litigation originally pitted...more
The legal drama continues for Apple, Inc., as the tech giant recently suffered another in a string of significant legal setbacks in the e-book antitrust saga in the Southern District of New York. Last month, Judge Denise...more
History has shown that large class action cases often follow government investigations the way that the lamb followed Mary to school that day. Sometimes, however, those investigations die and Mary gets lost and brings her...more
Earlier this month, the Supreme Court heard the highly-anticipated oral argument in Hallburton Co. v. Erica P. John Fund, Inc. Prior to the argument, there was a growing consensus that the Court was likely going to overturn...more