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December 12, 2007 |

Corporate and Securities Litigation

Sarah S. Gold, a partner at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, write that the Third Circuit has recently joined the Fifth and Seventh Circuits in holding that group pleading is no longer viable after the PSLRA to attribute either scienter or a misstatement to a defendant. Although these three influential circuit courts have rejected the doctrine, neither the Second Circuit nor the U.S. Court of Appeals for the Ninth Circuit, where the doctrine originated, has spoken.
10 minute read
August 22, 2008 |

'Collective Scienter': Nixed by Second Circuit in 'Dynex'?

Robert Malionek, a partner at Latham & Watkins, and Joseph Salama, an associate of the firm, write that perhaps the Second Circuit will make a more direct pronouncement on the "collective conduct" theory in a case that presents it more squarely - where, unlike in Dynex, a plaintiff actually pleads scienter sufficiently as to an individual other than one alleged to have made the misstatements. If such a case does come along, all signs point in favor of the defendant prevailing.
14 minute read
April 03, 2007 |

MDL Panel: 'Traffic Cop' Seeing Its Power Grow

A federal panel whose members are handpicked by the chief justice of the United States to consolidate federal civil cases for discovery is playing an increasingly influential role in how and where large numbers of complex civil cases are litigated throughout the country. For some, a key question about the panel is: Who is minding the store? One concern is the puzzling court assignments when parties can't agree on a forum; one attorney says the panel sometimes decides to "ship 'em to Mars."
9 minute read
Eighth Circuit to Baycol Plaintiffs: There Are No Do-Overs in the Class Action Game
Publication Date: 2010-01-05
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After a federal judge refused to certify an economic damages class, he granted a motion to enjoin certification of a similar state court class in West Virginia. On Tuesday, despite cries of unfairness by the state court plaintiffs, the Eight Circuit upheld the injunction.

December 20, 2002 |

18 minute read
Hausfeld Orchestrates 'New Model' for Global Cartel Settlements in Marine Hose Deal
Publication Date: 2009-03-10
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Without ever filing a suit or an arbitration claim, the Washington, D.C., plaintiffs antitrust lawyer has reached a deal on behalf of international claimants that he says could result in hundreds of millions of dollars in recovery. Is Hausfeld on the way to realizing his dream of a global plaintiffs firm?

November 12, 2002 |

Texas Supreme Court Decertifies Nationwide Class

The Texas Supreme Court has decertified a nationwide class of some 20,000 dentists who sued a software supplier, saying that an appellate court failed to hold the trial court's certification order to the standard set in Southwest Refining Co. v. Bernal. The court of appeals correctly stated the law established by the Texas Supreme Court's Bernal ruling but misapplied it, the majority said.
7 minute read
September 13, 2002 |

Moving On

5 minute read
August 13, 2009 |

No More 'Chalets': Legal Marketing Now Focuses on Building Business

Law firms are rethinking their approach to sponsorships of everything from golf trips and charity events to arts groups and industry conferences. Amid the harsh economy, they are trying to focus on events that offer the best opportunity to generate business.
4 minute read

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