Searching Content indexed under Trials & Appeals & Compensation by Daphne Morduchowitz ordered by Published Date Descending.
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Lit Alerts—September 2019
In Gemini Technologies, Inc. v. Smith & Wesson Corp., the Ninth Circuit held that a clause specifying Delaware as the forum for any disputes between the contracting parties was invalid
United States
10 Sep 2019
Tenth Circuit Broadly Interprets Scheme Liability
On August 13, 2019, in Malouf v. Securities and Exchange Commission, the Tenth Circuit became the first circuit court to apply the United States Supreme
United States
9 Sep 2019
Lit Alerts—August 2019
In June, the US Supreme Court held in Knick v. Township of Scott that property owners may file an inverse condemnation claim in federal court as long as they base their claim on the Fifth Amendment.
United States
9 Aug 2019
Lit Alerts—July 2019
The Second Circuit Court of Appeals recently affirmed the SDNY'S dismissal of suits against Bristol-Myers Squibb Co. and Pfizer Inc. on the ground that the suits asserted state-law claims that were preempted by the FDCA.
United States
5 Jul 2019
Lit Alerts—April 2019
In Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019), the US Supreme Court ruled that attorneys must strictly adhere to Federal Rule of Civil Procedure 23(f)'s 14-day deadline to appeal a class certification order.
United States
10 Apr 2019
Supreme Court Determines That The SEC Can Assert Fraudulent Scheme Claims Even When The Janus Test Is Not Met
The SEC may also seek to test the limits of Lorenzo by pursuing claims against individuals who, like Lorenzo, disseminated untrue statements that they did not draft, but unlike Lorenzo, did not know that the information was false.
United States
3 Apr 2019
Lit Alerts—February 2019
In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1212, Justice Kavanaugh delivered his first written opinion for the Supreme Court.
United States
13 Feb 2019
Supreme Court To Hear Case Implicating Section 14(e) Of The Exchange Act
On January 4, 2019, the Supreme Court granted a petition for a writ of certiorari filed by the defendants in Varjabedian v. Emulex Corp.
United States
21 Jan 2019
Discovery: Southern District Of Alabama Determines That Videotaped Depositions Of European Union Citizens Do Not Necessarily Violate GDPR
However, the court did order that the video recording of the deposition not be publicly disclosed or utilized in any other investigation or litigation.
United States
27 Dec 2018
Supreme Court Hears Argument On SEC's Ability To Pursue Fraudulent Scheme Claims Where The Janus Test Is Not Met
On December 3, 2018, eight justices of the Supreme Court heard argument on whether a misstatement claim that does not meet the elements set forth in Janus Capital Group, Inc. v. First Derivative Traders, ...
United States
11 Dec 2018
Lit Alerts—November 2018
In August,the Ninth Circuit held that a district courts local rule that set a strict deadline for filing a class certification motion is incompatible with the flexible Federal Rules of Civil Procedure
United States
8 Nov 2018
Supreme Court Has Opportunity To Reexamine Implied Private Right Of Action Under Section 14(E) Of The Exchange Act
After the Court of the Appeals for the Ninth Circuit "parted ways" with five other circuit courts holding that the requisite intent under Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e)...
United States
24 Oct 2018
Discovery: Eastern District Of Pennsylvania Clarifies How The Attorney-Client Privilege Applies To Corporations
The U.S. District Court for the Eastern District of Pennsylvania has provided an in-depth analysis of how the attorney-client privilege ...
United States
11 Oct 2018
Lit Alerts—October 2018
The Massachusetts Supreme Judicial Court recently reversed a lower court's decision holding that two insurance firms were not required to pay for the defense of their insured, Vibram USA, Inc., in a civil suit...
United States
10 Oct 2018
Ninth Circuit Reverses Lower Court's Decision Dismissing Securities Claim Regarding American Depository Receipts
On July 17, 2018, the Court of Appeals for the Ninth Circuit in Stoyas v. Toshiba Corp., No. 16-56058, 2018 WL 3431764 (9th Cir. July 17, 2018), reversed and vacated the dismissal of Plaintiffs' securities class action...
United States
27 Jul 2018
Supreme Court To Decide Whether The SEC Can Pursue Fraudulent Scheme Claims Where The Janus Test Is Not Met
On June 18, 2018, the Supreme Court granted Francis V. Lorenzo's petition for certiorari in Lorenzo v. S.E.C., No. 17-1077, to decide whether an action ...
United States
24 Jul 2018
Lit Alerts—June 2018, Vol. 2
month, a three-justice panel of the California Court of Appeal affirmed a trial court's order denying Uber's motion to arbitrate claims brought by a Lyft driver who also drove for Uber.
United States
9 Jul 2018
Second Circuit Reverses Lower Court's Dismissal Of Securities Fraud Complaint Under Morrison
On June 19, 2018, the Court of Appeals for the Second Circuit in Giunta v. Dingman, No. 17-1375-cv, 2018 WL 3028686 (2d Cir. Jun. 19, 2018) ...
United States
5 Jul 2018
New York Court of Appeals Curtails New York Attorney General's Use Of The Martin Act
On June 12, 2018, the New York Court of Appeals held that a three-year statute of limitations applies to actions brought by the New York Attorney General (NYAG) under the Martin Act ...
United States
18 Jun 2018
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