Litigation

Delaware Opens Door For ‘Loser Pays’ Bylaws To Suppress Shareholder Suits

The Delaware Supreme Court in a recent ruling opened the door for Delaware-incorporated companies to more easily adopt “loser pays” […]

Does the Modern Arbitration Clause Mean the Death of the Class Action?

A trio of Supreme Court decisions point to the same conclusion: A class action waiver in an arbitration agreement is […]

LinkedIn Consumer Class Action Survives Motion to Dismiss

A judge gave the green light to a class action claim filed against LinkedIn, claiming the site made false promises of additional security in promotions for its “premium” membership.

Legitimate Interests Provide No Immunity For Intentional Interference Claims

A panel of the Ninth Circuit Court of Appeals found that shielding parties with an economic interest in the contract from liability “would create an undesirable lacuna in the law between the respective domains of tort and contract.”

Credit Suisse Pleads Guilty, Will Pay U.S. $2.8 Billion

Swiss giant Credit Suisse has pled guilty to criminal wrongdoing in the Justice Department’s case alleging the foreign bank aided […]

Import Trade Infractions Draw Fed Scrutiny

Active enforcement of “AD/CVD” evasion can be attributed in part to the simple fact there is more of it going […]

Can An Employee Accept A Severance Payment And Still File A Discrimination Claim?

According to the EEOC, in a recent decision, not only is the answer “yes,” but any severance agreement limiting the employee’s right to file a charge of discrimination is unenforceable and illegal.

DOJ Charges Chinese Military Hackers For Cybercrimes

In a first, the Justice Department announced today it has brought charges against five Chinese military members, accusing them of […]

GM Lawyers Taking Heat In Ignition Investigation

After reported ignition switch failures, the company made changes in the part but not the parts number and tried to […]

Online Criticism Of Judge Protected Speech, Indiana’s Top Court Rules

The Indiana Supreme Court overturned an appeals court ruling that a disgruntled father, who was denied custody and visitation rights […]

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