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Civil Litigation
Judge Rakoff Grants Sanctions for “Objector Extortion” in Proposed Class Action Settlement
Yesterday, Judge Rakoff sanctioned an attorney for an objector to the $3 billion Petrobras securities litigation settlement (see our full coverage of the Petrobras litigation here). Judge Rakoff had
Class Actions in Europe: “Collective re-dress: all talk and now trousers”
Some years back, a few people (including me, in 2010) bucked conventional wisdom and predicted the rise of class actions in Europe. See, for example, my 2010 post at https://www.globaltort.com/2010/03/be-careful-what-you-wish-for-in-litigation-might-that-rule-apply-to-the-iqbaltwombly-pleading-standard/.
Judge Castel: Attorney Review of Draft Corporate Documents Is “Prudent,” Not “Subterfuge” to Evade Discovery
In an opinion yesterday, Judge Castel denied in part a motion to compel certain drafts of sales and marketing documents withheld as privileged in an antitrust case. The plaintiff argued
Don’t Bank on it Just Yet: Financial Services Uncertainty in the Cannabis Industry
As of September 2018, nine states, including the District of Columbia, allow adult-use (recreational) marijuana and thirty-one states have adopted laws legalizing the sale and use of medical marijuana. The
Toxic Trio – # 3 – Formaldehyde – Per Allianz and Praedicat
As pointed out in Tuesday’s post (September 18, 2018), Praedicat and Allianz recently published facts and assessments on a “toxic” trio associated with some cosmetics. Again, this is an innovative
Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority
In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market
Corporate & Commercial
Oregon Cannabis: Data Breach Notification Laws 101
A few weeks ago, we mentioned that cannabis companies that fall victim to a data breach are required, under state law, to inform employees and customers whose data was compromised
The New York AG Weighs In On Virtual Currency Exchanges
The regulation and operations of virtual currency exchanges are again in the spotlight, due to the new report issued by the Office of the New York Attorney General (OAG
Resident’s Three Claims Against Condo Association Spanning Multiple Years Deemed Single Claim Subject to Single Limit
The United States District Court for the Northern District of Illinois has held that three claims brought by a resident against a condominium owners’ association for alleged discrimination and retaliation
SEC Schedules November 15 for Proxy Process Roundtable
The SEC announced that the staff will host a roundtable on the proxy process on November 15. The participants, time and the formal agenda has not yet been released.
Prior and Pending Litigation Exclusion Does Not Apply Where Insurer Cannot Establish Facts Alleged in Later Investigation Were “Underlying” Prior Investigation
A New York state court, applying New York law, has held that an insurer was not entitled to summary judgment based on a prior and pending litigation exclusion because the
Will there be an Exclusion Process for Section 301 List 3 Products?
On September 17, 2018, USTR finalized a list of 5,745 imported products from China (referred to as “List 3”) for which additional tariffs are to be collected starting September 24,
Employment & Labor
CAFA Amount In Controversy Is Not Limited To Damages Incurred Prior To Removal And Includes Future Attorneys’ Fees Recoverable By Statute Or Contract
In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. 18, 2018), the Ninth Circuit clarified, in a unanimous published decision, that, where a party may recover
Five keys to managing a successful business in California
Recently I had the honor of moderating a panel discussion on issues facing restaurant operators in California. The panelists were Joseph Pitruzelli owner of Wurstküche, Francis Drelling General Counsel at
Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA
By Gerald L. Maatman, Jr., Michael L. DeMarino and Rebecca S. Bjork
Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases
Class Certification Denied in Physician Equal Pay Lawsuit Under a Blanket Compensation Plan
An Illinois District Court recently denied certification of a class of female physicians claiming that their employer’s pay practices unlawfully discriminated against women in violation of Title VII, the Illinois
President Signs First FY 2019 Appropriations Package
President Trump today signed the first appropriations package for fiscal year 2019. H.R. 5895 contains three annual appropriations bills: Energy-Water, Milcon-VA, and Legislative Branch. Congress is preparing to send the
House to Vote on Tax Reform 2.0, Week of Sept. 24
The House Rules Committee will convene on Wednesday, Sept. 26 at 3 p.m. to write a rule for the floor consideration of the Tax Reform 2.0 bills. This means that
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Food, Drug & Agriculture
Health Care
Insurance
- Hurricane Florence Online Resources Available from United Policyholders
- Resident’s Three Claims Against Condo Association Spanning Multiple Years Deemed Single Claim Subject to Single Limit
- Prior and Pending Litigation Exclusion Does Not Apply Where Insurer Cannot Establish Facts Alleged in Later Investigation Were “Underlying” Prior Investigation