Litigation

  • New York Law Journal

    Twitter Users Blocked by President Trump File First Amendment Suit

    By B. Colby Hamilton | July 11, 2017

    A group of Twitter users blocked by President Donald Trump are suing after a request to be unblocked on First Amendment grounds went unheeded.

  • New York Law Journal

    Panel Upholds Pharma Class Suit Dismissal

    By B. Colby Hamilton | July 11, 2017

    Shifting fraud theories helped sink an attempted securities class action appeal by former employees of the pharmaceutical company Covis.

  • New York Law Journal

    The Alien Tort Statute: Still Raising Threshold Questions of First Impression

    By Lanier Saperstein and Carol Lee | July 11, 2017

    Lanier Saperstein and Carol Lee discuss the upcoming U.S. Supreme Court decision on the long-awaited issue of whether corporations can be liable under the Alien Tort Statute, a statute enacted by the First Congress more than 225 years ago.

  • New York Law Journal

    Applying 'McDonnell,' Circuit Affirms Ex-Assemblyman's Public Corruption Conviction

    By B. Colby Hamilton | July 10, 2017

    With the convictions of Sheldon Silver and Dean Skelos on appeal before the circuit, the ruling upholding the conviction of William Boyland Jr. is expected to play less of a role as precedent than as an example of the circuit committing to reviews of the facts of each case specifically to determine what, if any, of the U.S. Supreme Court's public corruption precedent should be applied.

  • New York Law Journal

    Strategic Partners Beware: Your 'Special Relationship' May Prolong Litigation

    By Richard Raysman and Peter Brown | July 10, 2017

    In their Technology Law column, Richard Raysman and Peter Brown write: In some cases, strategic partnerships go wrong and invariably litigation ensues. In 'Kortright Capital Partners', litigation ensued and one claim survived a motion to dismiss in part on the rationale that a strategic partnership sufficiently creates a "special relationship" between the partners that requires a greater degree of candor and fair dealing when contemplating the prospective strategic alliance with an unrelated third party.

  • New York Law Journal

    Ex-Broker Gets 18 Months for Securities Fraud Scheme

    By B. Colby Hamilton | July 7, 2017

    Gerald Cocuzzo pleaded guilty to a single count of securities fraud after prosecutors alleged he was part of a scheme to defraud investors in the LED lighting company ForceField by controlling the price and volume of its shares.

  • National Law Journal

    The Trump Justice Department's Aversion to Class Actions Will Have Wide Impact

    By Marcia Coyle | July 6, 2017

    The recent switch by the Trump administration's U.S. Justice Department from opposing to defending bans on class actions in workplace arbitration agreements will have consequences beyond a trio of challenges the U.S. Supreme Court is set to hear this fall. The government this week, citing the high court switch, said it will no longer defend a class action provision in the U.S. Labor Department's fiduciary rule.

  • New York Law Journal

    Q&A With Sean M. Murphy

    By B. Colby Hamilton | July 6, 2017

    The first case on which Milbank, Tweed, Hadley & McCloy partner Sean Murphy was assigned right out of law school in the mid-1990s was in the somewhat unique securities litigation world created by the Investment Company Act of 1940. The beginnings were auspicious, as Murphy has become a leading litigator in the area, helping to make Milbank arguably the top firm to handle investor suits against investment advisers under the even more specific Section 36, which governs fiduciary duties.

  • New York Law Journal

    Civil Confinement Retrial Ordered Over Juror Error

    By B. Colby Hamilton | July 5, 2017

    An anonymous appellant has been granted a new trial after an Appellate Division, Second Department, panel found the lower court improperly allowed a biased juror to serve during a convicted sex offender's civil confinement trial in 2014.

  • National Law Journal

    Justices' Broad View of 'Families' Is Tested in Trump Travel Ban

    By Marcia Coyle | July 5, 2017

    The Trump administration may not view grandparents, aunts, uncles and others as having close enough family relationships in the United States to be excluded from the government's travel ban, but the U.S. Supreme Court on at least two occasions, in different contexts, has recognized the importance of those family bonds.

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