As cross-border business continues to grow, litigation too is increasingly crossing borders. In a recent decision addressing several issues of first impression, the U.S. Court of Appeals for the Second Circuit opted to aid international litigants, interpreting Section 1782 of
Business Litigation Blog
Litigation News for the Business Community
The Business Litigation Blog, published by Lowenstein Sandler LLP, focuses on legal issues related to business disputes and commercial litigation. It covers topics such as securities fraud, class actions, arbitration, contract disputes, regulatory investigations, and enforcement actions. The blog analyzes court decisions affecting business litigation, including matters involving investment funds, mergers and acquisitions, and commercial contracts. It also addresses procedural aspects like class settlement approvals and arbitration waiver standards. The content is aimed at providing insights into litigation strategies, recent developments in business law, and the impact of regulatory and judicial rulings on corporate clients and legal practitioners.
Latest from Business Litigation Blog - Page 4
Mutual Funds and Shareholder Litigation: Funds Should Lean In
By David Erroll
Should mutual funds take a more active role in securities litigation? Data appears to suggest that they should.
According to Sean J. Griffith[1] and Dorothy S. Lund[2], authors of “Toward a Mission Statement for Mutual Funds in Shareholder Litigation…
Credit Card ABS: Securitization and State Usury Laws
By David Erroll
Consumer lending as we know it today – and credit card lending in particular – depend on securitization for significant access to capital. However, the ability of banks to bundle and sell credit card debt-backed securities may be thrown into…
Capital Markets Litigation Team Achieves Key Victory in Pro Bono Transgender Rights Case
We are proud to announce that our team achieved a key victory as plaintiffs’ pro bono counsel in Doe v. Esper, a constitutional challenge to the Pentagon’s transgender service policy. The government’s policy is to discharge or deny enlistment to anyone who will not…
Syndicated Loans: Have They Been Securities All Along?
By David Erroll
In a case pending in federal court in New York, Kirschner v. JPMorgan Chase Bank, N.A., No. 17-cv-06334-PGG (S.D.N.Y.), a bankruptcy trustee may upend what has long been accepted wisdom on Wall Street: securities laws apply to stocks, bonds, equity…
New York Legislature Extends Statute of Limitations for Martin Act Claims
Last week, Governor Cuomo signed into law a bill to amend the New York Civil Practice Law and Rules (“CPLR”) to extend the statute of limitations to six years for financial fraud claims brought under the Martin Act. One of…
Flattening Yield Curve Signals Looming Recession, Some Say
Recently, investors and economists have focused increased attention on bond market yield curves, which have proven to be a compelling predictor of an upcoming economic recession.…
CLO Litigation Update
In December 2014, the credit risk retention rule, 79 Fed. Reg. 77,601 (the credit risk retention rule), was adopted pursuant to Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). The credit risk retention rule requires…
Third-Party Litigation Funding Fuels Foreign Securities Class Actions
Foreign securities class actions have been on the rise since the U.S. Supreme Court’s 2010 decision in Morrison v. National Australia Bank, Ltd., which held that federal securities laws apply only to securities purchased on domestic exchanges. 561 U.S. 247…
Second Circuit Affirms $806 million Judgment Against Nomura and RBS
Last month, the U.S. Court of Appeals for the Second Circuit upheld a 2014 ruling holding issuers of residential mortgage-backed securities (RMBS) liable for securities fraud. In the opinion by U.S. Circuit Judge Richard C. Wesley, the court emphasized the policies…