Litigation

Foreign Whistleblowers are Encountering Obstacles

About 10 percent of SEC whistleblowers were from overseas in 2011 and 2012, the majority of them from the UK and China, but that percentage…

Managing the Risk of a Class Action

Class actions are up by 16 percent, according to a Carlton Fields survey, but there are strategies to control costs. Among the findings: Companies that…

Five Tips for Deposing an Expert Witness in Patent Litigation

With preparation and planning, an effective expert deposition can turn the tide in a patent case. A prepared deposing attorney can draw out inconsistencies in…

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 …

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. Magistrate Judge Andrew J. Peck…

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 contracts, have been targeted by…

Franchisors Wince as Some Courts Re-Label Franchisees as Employees

The franchise community was shaken following a series of court decisions that relabeled franchisees as employees of the franchisor. Jani-King and Coverall North America, two…

Five Litigation Trends that can Keep Executives Awake at Night

The author identifies several trends in litigation that should be of concern to executives. First on his list is false advertising claims. These include false…

Canada’s New Appetite for Antitrust Litigation

Commissioner of Competition v CCS Corporation, decided in May 2012, was only the sixth litigated merger in Canada’s history. In bringing – and winning –…