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District Judge Shira A. Scheindlin U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Appearances: For Plaintiffs: Aaron Michael Sheanin, Esq. Jonath
Fraud Claim Against Milbank Dismissed
Milbank, Tweed, Hadley & McCloy conceded its liability for the dismissal of a client's claim in Bankruptcy Court because of the actions of its former partner, but it will not be held liable for punitive or treble damages, a New York state judge ruled. John G. Gellene was representing the South Street Funds on a claim it asserted in a bankruptcy. Gellene received documents sought in discovery, but never provided them to the bankruptcy trustee.Shareholders' lawyers will get to see whatever the bank has turned over to Congress, the SEC, the New York attorney general, and other investigators--including, most likely, the communications between BofA and its lawyers that have already been turned over to the government.
Last March the Second Circuit seemed poised to dismiss Judge Jed Rakoff's rationale for scuttling Citigroup's $285 million settlement with the Securities and Exchange Commission. Citi and the SEC should be feeling much less confident now.
Are Meet-and-Confer Efforts Doing More Harm Than Good?
Two recent surveys suggest that meet-and-confers may lead to a delay and an increase in e-discovery disputes between parties, observe attorneys H. Christopher Boehning and Daniel J. Toal.Luiz A. Gonzalez, P.J. Peter Tom John W. Sweeny, Jr. James M. Catterson Dianne T. Renwick, JJ. 274 Ind. 603756/07 Amaranth LLC, et al., Plaintiffs-Appellants-Respondents,/p
District Judge Miriam Goldman Cedarbaum U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Appearances: Attorneys for Plaintiff: By: Karen R. K
Single actor not a requirement for induced patent infringement
The Patent Act has been interpreted to provide liability for direct patent infringement only when a single person or entity performs all the elements of a patent claim, either by itself or vicariously, through an agent. Does that mean it is possible for someone to avoid infringement liability by performing some of the steps of a method patent himself and inducing someone else to perform the rest or by inducing a group of persons to perform the steps, so that no one person does them all?A Buyer's Guide to Law Firm Software
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