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Finance

Fee-Shifting And The SEC: Does It Still Believe In Private Enforcement?

John C. Coffee, Jr. is the Adolf A. Berle Professor of Law at Columbia University and Director of its Center on Corporate Governance. This opinion piece is an elaboration on, and extension of, testimony that Professor Coffee gave on October 9, 2014, before the SEC's Investor Advisory...

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Appellate Law

A More Stringent Article III Standard As A Useful Class-Action Tool (Even Beyond Data-Breach Cases)

Introduction In February 2013, the U.S. Supreme Court held in Clapper v. Amnesty Int’l USA, et al.,[1] that attorneys and human rights, labor, legal, and media organizations whose work required them to correspond with likely targets of federal surveillance lacked Article III standing to...

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Intellectual Property

Recent Developments In False Advertising Law

Editor: There were three key false advertising cases decided this year. Pom Wonderful LLC v. The Coca-Cola Company, 134 S.Ct. 2228 (2014) (Supreme Court), Lexmark International, Inc. v. Static Control Components, Inc., 134 S.Ct. 1377 (2014) (Supreme Court), Merck Eprova AG v. Gnosis S.P.A., 760 F...

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