Litigation

Patent Troll May Have Apple Over A Barrel, To The Tune Of $340 Million A Year

Patent assertion firm VirnetX may be on the cusp of winning a major lawsuit – worth as much as $340 […]

SEC Automates Accounting Fraud Detection

The SEC has signaled that it intends to intensify its scrutiny of public company financial reporting. One of the tools […]

Appeals Court Sheds Light On “Instrumentality” Under the FCPA

The FCPA prohibits bribery of foreign officials, broadly defined, but how broadly? The law says foreign officials include…

“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

Seven years after the Supreme Court injected a “plausibility” standard in Twombly, that ruling has started to reshape the standard for pleading several other non-conspiracy elements of antitrust claims. As a collection of recent federal cases show, standards have begun to emerge for what it means to plausibly allege other, non-conspiracy elements of a federal antitrust claim.

Court Vacates $125M Award Due To Arbitrator’s Misleading Disclosures

Texas’ Supreme Court in a recent opinion found sufficient basis under the FAA to vacate an arbitration award, finding an arbitrator had shown “evident partiality” due to misleading “partial” disclosures of his contacts with the law firm representing the claimant.

You Can Run, But You Can’t Hide From Sanctions in Discovery

As the plaintiff learned in a recent patent case, “all things are presumed against a spoliator,” and the failure to resolve any discrepancies can trigger heightened scrutiny during discovery.

California Teacher Unions Suffer Major Blow At Hands Of Superior Court Judge

Lawyers for the Silicon Valley-based group Students Matter cleared a major hurdle in overturning what they deemed the “status quo” […]

Judge Rakoff Rebuffed In Second Circuit Ruling

A three-judge Second Circuit panel reversed and remanded Judge Jed S. Rakoff’s order rejecting a settlement between the SEC and […]

G.M. Lawyers Central In Risk Management Failures

A report on General Motors vehicles with faulty ignition switches detailed how, over more than a decade, numerous lawyers with […]

Sterling Does 180, Will Sue NBA, Fight Clippers Sale

After announcing through his attorney last week that he would not fight the sale of the Los Angeles Clippers, embattled […]

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