Searching Content indexed under Court Procedure by Shearman & Sterling LLP ordered by Published Date Descending.
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Northern District Of California Dismisses Putative Securities Class Action For Failure To Adequately Allege Misstatements, Scienter, And Loss Causation
On September 7, 2018, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California dismissed a putative class action against Impax Laboratories.
United States
23 Sep 2018
High Court Rules That Litigation Privilege Can Apply In Respect Of Internal Investigations
In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) ("Bilta v RBS")...
12 Feb 2018
District Courts Split On Scope Of IPR Estoppel
While the inter partes review procedure is nearly five years old, in many respects, the law remains unsettled and continues to evolve.
United States
22 Mar 2017
Fischer v. Forrest: An SDNY Magistrate Judge Issues A Stern Warning To Litigants Who Ignore The Specificity Requirements Of Amended Rule 34
Last week, Magistrate Judge Andrew Peck of the United States District Court for the Southern District of New York issued a stern rebuke to counsel in Fischer v. Forrest...
United States
15 Mar 2017
Raymond J. Lucia Companies, Inc. v. Securities And Exchange Commission: Constitutionality Of SEC's Administrative Judges Upheld By Federal Appeals Court
On 9 August 2016, in Raymond J. Lucia Companies, Inc. v. Securities and Exchange Commission, the federal appeals court held that the practice of having "ALJs" preside over enforcement proceedings...
United States
14 Nov 2016
Federal Appellate Courts Hold That Statutes Of Repose For Securities Claims Are Not Tolled By Filing Of Related Class Action
In 1974, in American Pipe & Construction Co. v. Utah, the US Supreme Court held that the filing of a class action tolls (or suspends) the running of the statute of limitations ...
United States
11 Nov 2016
D.C. Circuit Upholds Constitutionality Of SEC Administrative Proceedings
On August 9, 2016, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit issued Lucia v. SEC...
United States
19 Aug 2016
Two Recent Second Circuit Decisions Provide Opportunity For Supreme Court To Address Whether American Pipe Tolling Extends To Statutes Of Repose
The issue in IndyMac was whether the tolling rule announced in American Pipe—that the filing of a class action tolls the statute of limitations for all members of the proposed class—applied to Section 13's statute of repose.
United States
21 Jul 2016
Berkowitz, Colsher And Purcell Write Article On Proportionality Of Discovery In Patent Cases
In this article, the authors analyze district courts' treatment of discovery disputes following the amendment to the Federal Rule of Civil Procedure 26(b)(1)...
United States
14 Apr 2016
Amendments To The Federal Rules Of Civil Procedure
Amendments to the Federal Rules of Civil Procedure ("Federal Rules") covering discovery rules and exchange of information in civil lawsuits took effect in December.
United States
16 Feb 2016
District Court Upholds Summons And Rejects Attorney-Client And Work Product Privilege
The IRS issued a third-party summons to plaintiff, Alice Ellis ("Ellis"), to testify and produce documents to an IRS Special Agent, who was conducting an investigation of possible criminal offenses by Ellis' client McCool.
United States
15 Feb 2016
IRS Proposes Changes To US Tax Court Rules Of Practice And Procedure
On September 11, 2015, the IRS, responding to the Tax Court's request for suggested revisions to the Tax Court's Rules of Practice and Procedure, proposed changes to help improve tax court procedures...
United States
25 Nov 2015
District Court Imposes Spoilation Sanctions On Plaintiff That Failed To Institute Litigation Hold
On August 15, the US District Court for the Southern District of New York imposed spoilation sanctions on Sekisui America Corporation ("Sekisui") and Sekisui Medical Co. Ltd for breaching the duty to preserve electronically stored information ("ESI").
United States
24 Oct 2013
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