Litigation

Charles Schwab Sues Libor-Rate Setting Banks

Rebuffed in the Southern District of New York, Schwab has sued a slew of banks in California state court, alleging that the banks’ manipulation…

REITs Alleged as Major Corporate Tax Dodge

Some major operating companies have converted to a REIT, but with all the attention on deficits, taxes and tax fairness, Congress could take another look …

Caution Required when Using Managerial Accounting Data in Court

Managerial accounting data can be used in expert analyses conducted in at least two types of antitrust litigation: predatory pricing […]

Litigation Risk for Website and Mobile Apps Marketing

As the year 2013 began, more than 180 consumer class actions regarding the relatively common practice of companies tracking user […]

Government Knowledge Defense Against Whistleblowers

The False Claims Act allows private persons, known as “relators” or whistleblowers, to bring suit on behalf of the government […]

Competition, Cartels and Canada

Antitrust agencies in the U.S. and Canada have programs designed to encourage cartel participants to alert authorities about the existence […]

Staying Ahead on E-Discovery

Last year several opinions approving technology-assisted review (TAR) gave litigants the confidence to consider and try these technologies. First, U.S. […]

Challenges of Asian Language E-Discovery

As e-discovery reaches into Asia, global companies face unfamiliar challenges. The so-called CJK languages (Chinese, Japanese and Korean) are difficult […]

How to Confront an NPE

In the vocabulary of intellectual property practice, a non-practicing entity (NPE) is a company whose business model consists of acquiring […]

Has the Supreme Court Cleared the Tracks for Mandatory Arbitration in Consumer Contracts?

Bilateral arbitration clauses (clauses that require arbitration and waive class proceedings), which have become common in standard consumer and employment […]

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