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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
Dutch Court OKs Petrobras Claim Jurisdiction Despite Brazilian Arbitration Clause
In a development with significant implications both for Petrobras investor claims and for the global pursuit of investor claims generally, a Dutch court has accepted jurisdiction for a securities fraud
How to Leave China AND Survive
Not surprisingly, our China lawyers are seeing a massive increase in foreign (mostly American) companies seeking to reduce or eliminate their China ties. Many
Enforcement Ramps Up Against Unlicensed California Cannabis Operators
California has experienced some growing pains as it has continued to roll out its regulated cannabis regime pursuant to the Medicinal and Adult Use Cannabis Regulation
No Contractual Relationship Required for Homeowner to Sue Builder for Defective Workmanship
Is contractual privity required for an owner to sue a builder for defective workmanship?
Construction defect lawsuits often involve claims against multiple defendants since the typical construction project involves work
Incentivizing Whistleblowers Can Help Combat Trafficking of Rhino Horn
Today, September 22, is World Rhino Day. Rhino numbers have declined dramatically over recent years as a result of poaching for their horns, which is believed to have medicinal value
Dividing Markets and Customers: Are Market Allocation Agreements Per Se Antitrust Violations?
Author: Jarod Bona
Have you ever considered the idea that your business would be much more profitable if you didn’t have to compete so hard with that pesky competitor or
Employment & Labor
Staffing issues, contracting out bargaining unit work, and a duty to bargain
Each of these topics is the subject of recent court action.
In MultiCare Health Systems v. Washington State Nurses Association, the Ninth Circuit reversed a District Court order
Could “CEO Action Pledge” Lead to Unintended Consequences?
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
Financial
Food, Drug & Agriculture
Health Care
Insurance
- Dutch Court OKs Petrobras Claim Jurisdiction Despite Brazilian Arbitration Clause
- California Passes Law Requiring Insurance Companies Take Specific Measures To Periodically Review The Estimated Replacement Cost Of Structures Insured Under Residential Property Insurance Policies
- Hurricane Florence Online Resources Available from United Policyholders