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Alternative Dispute Resolution (ADR)
Break Out Those Arbitration Agreements: United States Supreme Court Issues Another Pro-Arbitration Decision
The United States Supreme Court last year held in Stolt-Nielsen v. Animalfeeds Int’l Corp., 130 S. Ct. 1758 (2010), that parties could not be compelled to submit class antitrust claims to class arbitration when the arbitration clauses in their agreements were silent on the question of class...
Read MoreDiscovery
How E-Discovery Counsel Makes A Difference
Editor: Please tell readers about your practice as E-Discovery Counsel at Kramer Levin. Schulman : I am the firm's point person for legal issues relating to the preservation, review and production of electronic documents, and I act as a resource for both attorney teams and clients who...
Read MoreTechnology
Preservation Duties May Extend To Unallocated Space On Computer Hard Drives: Genger v. TR Investors, LLC, et al.
Introduction The recent decision by the Delaware Supreme Court in Genger v. TR Investors, LLC, et al. , No. 592, 2010, 2011 WL 2802832 (Del. Jul. 18, 2011), highlights the increasing level of sophistication with respect to identifying and preserving electronically stored information ("...
Read MoreSecurities & Exchange Commission (SEC)
Supreme Court Adopts Bright-Line Rule For Primary Liability Under Rule 10b-5
Over 15 years ago, in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. , 511 U.S. 164 (1994), the Supreme Court held that Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5 do not permit private civil plaintiffs to recover on an aiding and abetting theory....
Read MoreRegulatory & Compliance
SEC Adopts Dodd-Frank Whistleblower Rule
On May 25, 2011, by a 3-2 vote, the Securities and Exchange Commission adopted a final rule implementing the whistleblower incentives provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"). In a previous Metropolitan Corporate Counsel article...
Read MoreLitigation
Achieving Total Victory Over Prosecutorial Force
On May 24, 2011, Raymond Craig Brubaker was acquitted on all nine criminal charges in one of the most significant tax shelter fraud prosecutions brought by the U.S. Attorney in Manhattan. Mr. Brubaker was on trial for ten weeks with four other defendants. He was the only defendant to be found not...
Read MoreLabor & Employment
NLRB Says Comments On Facebook Constitute Protected Activity
In late 2010, the National Labor Relations Board (the "NLRB") issued a controversial complaint regarding workers' rights and personal internet postings, contending that comments on a social networking site constituted protected activity. While the complaint was subsequently settled...
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