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After a long and winding journey through West Virginia's courts and up to the U.S. Supreme Court, Reed Smith client Hugh Caperton is back on track in his battle with mining giant Massey and its former CEO, Don Blankenship.
Aetna would be the third insurer, after Health Net and UnitedHealth, to settle claims that its out-of-network reimbursements were too low because it relied on an industry database that set "customary and reasonable" rates for medical procedures. Plaintiffs including the American Medical Association are still pursuing similar claims against Cigna and WellPoint.
The private equity industry enjoys a charmed life, with a business model that involves minimal risk and huge payoffs. But is it possible that PE firms—which have thwarted efforts to rein in their special privileges—might not always get their way?
After getting sued for patent infringement by a non-practicing entity called Oasis Research, EMC could have settled, like most of its co-defendants. Instead, the company filed an appeal with the Federal Circuit and won a ruling that limits the ability of patentholders to name multiple defendants in the same complaint. Now EMC is heading back to the Federal Circuit, seeking a ruling that could ease the way for more cases to be transferred out of the plaintiff-friendly Eastern District of Texas.
Microsoft Judge Gets Decision 'Roadmaps'
Weighing in at 13 pounds and standing 5 1/2 inches high, the legal tomes containing findings of fact from both opposing parties in the Microsoft Corp. antitrust trial arrived at U.S. District Judge Thomas Penfield Jackson's chambers. How helpful will this information be as Judge Jackson sorts through the evidence in order to prepare a ruling? Ideally, findings of fact provide a road map to interpret the immense mass of data introduced at trial, say legal experts. But they are more than that.A Checklist for the Early Stages of an M&A Transaction
When a merger-and-acquisition deal commences, in-house counsel of private and public companies face daunting tasks.The Second Circuit issued a sweeping rejection of Chevron's attempt to use a New York federal court to halt worldwide enforcement of an $18 billion Ecuadorian judgment on Thursday, just as international arbitrators backed Chevron in its efforts to block the Ecuadorian government from acting to enforce the award. The Second Circuit's ruling places the arbitrators center stage--and raises questions about the limits of arbitral power.
One of Steven Donziger's own former consultants joined a Chevron scientist in testifying for the oil giant. Plus: Thoughts on the first week of trial, including the legal points scored and learning to read Judge Kaplan's body language.
Cite as: ABC, Inc. v. Federal Communications Commission, 08-0841-ag (Lead), NYLJ 1202477104261, at *1 (2d Cir., Decided January 4, 2011) Before: Richard C. Wesl
Anything They Can Do, I Can Do Cheaper
When big U.S. law firms set their sights on the growing demand for legal services by international businesses, their instinct seems to be: merge with an established foreign firm and overwhelm the competition. Jeffrey Shields is going after the same clients with exactly the opposite strategy. Two years ago, after 14 years as an international litigator with Morrison & Foerster and Bryan Cave, he dropped out and opened a solo practice in Irvine.Trending Stories
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