Lee Berlik
Fourth Circuit Asks Virginia Supreme Court to Clarify Business Conspiracy Statute

Sometimes a court must decide a matter that turns on the law of another jurisdiction. If the other jurisdiction's law is unclear, the deciding court can make a formal request to its sister court asking that court to clarify an issue. The Fourth Circuit...

Cadwalader, Wickersham & Taft LLP
Department of Justice Files Amicus Curiae Brief In First Circuit Seeking Reversal of Decision That Could Significantly Impair False Claims Act Enforcement

On August 1, 2013, the Department of Justice (the “DOJ”) submitted an amicus curiae brief asking the First Circuit to reverse a significant False Claims Act (“FCA”) decision issued in United States ex rel. Helen Ge, M.D. v. Takeda...

Mack Sperling
Common Interest" Privilege Considered By The NC Business Court

How much of an ownership interest does a parent have to have in a subsidiary for the attorney-client privilege to extend to communications between the susidiary and the lawyer for the parent company? Judge Gale pondered that question in SCR-Tech v...

Mack Sperling
Business Court Awards $38,000 in Fees for Opposing Party's Failure to Comply with Discovery Order

Have you ever billed a client nearly $65,000 for pursuing a motion to compel? Maybe you routinely handle mega-cases and you aren't goggled by the size of that kind of fee But that was the amount of the fee sought last month, in Out of the Box Developers...

Richard Goldfarb
Vox Puffery, Vox Dei

There is a concept in the law called puffery and it’s great. I cannot prove that to you that it’s great, however, because a legal concept’s greatness or lack of greatness is something entirely personal. And that is an excellent introduction...

Lee Berlik
Personal Guarantors Don't Have Many Ways to Avoid Payment Obligation

Those who personally guarantee repayment of a loan need to understand that a personal guarantee means what it says: if the primary obligor fails to pay, expect the noteholder to come after you. In City National Bank v. Tress (from the Western District...