LexisNexis® Legal Newsroom
The Supreme Court's Latest Guidance on Causation

Lawyers have struggled with causation issues since the origins of tort litigation. Recognizing the potential in terrorem effect of even a weak securities case that survives a motion to dismiss, the Supreme Court in Dura Pharmaceuticals, Inc.v. Broudo, 544 U.S. 336 (2005) has reinforced the importance...

$18.6M Diminished Value Assessed in S&L Case

We reported in the latest installment of BV Legal Wire about a case that begins at the dawn of the 1980s S&L crisis, back in olden times when banks were collapsing and people lived in fear of losing their nest eggs and much more. Here’s our report: The U.S. Court of Federal Claims has found...

Statistical models can make all the difference

Just how important are statistical models? Just take a look at some recent cases where effective statistical analysis, including market event studies, became the “make or break” evidence, especially in cases concerning securities litigation and lost profit/economic damages: Expert’s...

Common Ownership of Sister Corporations Does Not Permit Piercing Corporate Veil of One Corporation in Order to Reach Insurance Policy of Second Corporation

In law school we are taught the sanctity of the corporate veil; that one of the purposes of the corporate structure is to protect the owners/shareholders of corporations from personal liability. One of my favorite law school examples was the taxi owner who owned 20 taxis. He created 10 corporations,...

Ex Parte Communications with Former Managers/Employees of Adverse Corporate Parties Are Generally Permitted

Rule 4.2 of the ABA Model Rules of Professional Conduct instructs us that “In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other...

Fulbright's Litigation Survey: Companies Experience New Litigation, Corporate Counsel Anticipate More

Companies are seeing a litigation wave that corporate counsel expect to swell in 2010, according to the results of Fulbright & Jaworski’s 6th Annual Litigtion Trends Survey Report, the law firm reported Oct. 15. Corporate counsel say they are anticipating a big year of litigation, with...

First Circuit’s Textron Ruling Raises New Concerns About Vitality of Work-Product Doctrine

In August 2009, the First Circuit en banc ruled on the applicability of the work-product doctrine to shield tax accrual work papers from an IRS summons. United States v. Textron, Inc . , 577 F.3d 21 (1st Cir. 2009). In a decision widely criticized in the accounting industry and by others such as the...

‘Largest Single Forfeiture In U.S. History’ Announced In Madoff Lawsuit

NEW YORK - (Mealey's) In what is being called the "largest single forfeiture in U.S. history," the U.S. attorney for the Southern District of New York and others announced Dec. 17 that they have reached a $7.2 billion settlement with the estate of deceased investor Jeffrey M. Picower to...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the...

This Week in Securities Litigation (Week ending September 13, 2013)

The recent NASDAQ outage was a key focus this week. The SEC held a meeting attended by the leaders of the securities and options exchanges, FINRA, DTCC and the Options Clearing Corporation. At its conclusion the SEC Chair gave the participants a homework assignment: Come up with a list of concrete measures...