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September 23, 2003 |

Wal-Mart Hopes Judge Doesn't Buy Huge Class

On Wednesday, U.S. District Judge Martin Jenkins will hear arguments in San Francisco to determine whether Dukes v. Wal-Mart, 01-2252, should proceed as a class action. The specter of the giant class means the stakes for Wal-Mart are huge -- the company's lawyers estimate that damages could run into the billions of dollars. But the size and scope of the proposed class also provides Wal-Mart's lawyers with a big target as they try to shoot down a class they contend is overly broad and unwieldy.
6 minute read
April 18, 2012 |

Expert Testimony on False Confessions and Territorial Limits of Donnelly Act

In their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze, among other rulings, a decision where the Court construed the Donnelly Act, New York's version of the Sherman Act, and reached two significant conclusions. First, to survive a motion to dismiss a plaintiff must allege market power in the relevant market in which defendants are alleged to have restrained trade. Second, an overseas conspiracy must have a very close nexus to harm to competition in the state for it to fall within the reach of New York's statute.
11 minute read
September 22, 2009 |

2nd Circuit Revives Suit Targeting Power Plant CO2 Emissions

Global warming lawsuits brought by New York State and others who challenged major utilities on carbon-dioxide emissions from coal-burning power plants were reinstated Monday by the 2nd U.S. Circuit Court of Appeals. In a decision that New York Attorney General Andrew Cuomo called "game-changing," the circuit found there was no need for the trial court to defer to the political branches and refrain from hearing the suit until there is a definitive policy statement on global warming from Congress and the president.
6 minute read
March 21, 2005 |

Mopping Up

The mood was somber the morning of Dec. 9, as Ronald Greenspan worked his way through a two-hour PowerPoint presentation chronicling the history of Brobeck's demise for a tense audience of 100 lawyers. He also laid out the legal theories for the partners' liability and explained his formula for determining how much each owed the estate. But within three months, 208 of the former Brobeck partners had inked individual settlements with Greenspan. Together they agreed to pay about $24 million to the estate.
10 minute read
December 12, 2011 |

The Measure of a Plan

After six years tracking diversity at large Dallas firms and no appreciable progress increasing minority representation among lawyers, Gerald "Jerry" Roberts, chairman of the Dallas Diversity Task Force, sees a need for a broader discussion on diversity.
8 minute read
March 17, 2010 |

Survey Shows Pa. Law Firms Don't Shine When It Comes to Diversity

Whether they moved up or down in the ranks of this month's Diversity Scorecard in Legal affiliate The American Lawyer, most Pennsylvania-based firms have little to show when it comes to the number of minorities in their ranks.
5 minute read
January 09, 2006 |

News in Brief

A Philadelphia judge has certified as a class all Pennsylvania Wal-Mart employees who believe they were not compensated for rest and meal breaks they allegedly missed over the course of the past seven years.
5 minute read
December 08, 2009 |

Supreme Court Likely to Leave Accounting Oversight Board as Is

The U.S. Supreme Court appeared inclined to leave well enough alone Monday and not tinker with the structure of an accounting oversight board created by the Sarbanes-Oxley Act of 2002. Congress created the Public Accounting Oversight Board in the aftermath of the Enron and WorldCom accounting scandals, giving the board broad and independent power to regulate accounting firms, which had been self-regulated before. The suit challenges the board's constitutionality as too insulated from presidential power.
3 minute read
June 16, 2006 |

Increasing Competition in China Causes Friction for Law Firms

In China the rules state that U.S. firms can't practice Chinese law nor can the Chinese lawyers who work for them. Since the influential Shanghai Lawyers Association denounced what it said were Western firms' widespread violations of those rules, leaders of foreign and domestic firms have been abuzz over the possibility of a government crackdown. The use of Chinese lawyers as "legal consultants" isn't the only cause of friction between foreign and Chinese firms.
6 minute read
June 18, 2007 |

Conflict Looms Over Executive Privilege

Democrats have long believed that the DOJ's plan to fire U.S. Attorneys began in the White House, and last week they proved willing to take the investigation to its doorstep by subpoenaing former Bush aides. White House counsel Fred Fielding hasn't budged from his first response to congressional inquiries in March: no transcripts and no public testimony. But many observers say the subpoenas are likely to force the White House to find a middle ground, even if it takes a protracted legal fight to get there.
7 minute read

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