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December 22, 2017 | Litigation Daily

Daily Dicta: Cheers to the 2017 Litigators of the Week Winners

From fighting the travel ban to negotiating Michael Flynn's plea deal to suing the DJ who groped Taylor Swift, the lawyers featured each Friday as our Litigators of the Week have been in the middle of the year's biggest stories. Here's a look back at the winners.
17 minute read
December 13, 2017 | New York Law Journal

Rebuttal of the Fraud on the Market Presumption of Reliance

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: Last month, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in this circuit that direct evidence of price impact is not always necessary to demonstrate market efficiency (as required to invoke the 'Basic' presumption), and a defendant's rebuttal burden is one of persuasion (not production), and defendant must show the absence of price impact by a preponderance of the evidence.
28 minute read
December 12, 2017 | Corporate Counsel

2017: The Year of Inconsistent FCPA Enforcement

A recent review of enforcement from 2017 showed a lack of consistency in how monitorships were applied, in how recidivist companies were treated, and in when cases prompted both civil and criminal penalties.
10 minute read
December 05, 2017 | The Legal Intelligencer

Second Circuit Applies Lenient Standards for Certifying Classes in Securities Litigation

On Nov. 6, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion in Waggoner v. Barclays, No. 16-1912, 2017 U.S. App. LEXIS 22115 (2d Cir. Nov. 6, 2017), that—if allowed to stand—will make it significantly easier for plaintiffs to obtain class certification in actions alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78j(b), and Securities and Exchange Commission Rule 10b-5 (10(b) actions) against large, publicly traded companies.
10 minute read
December 04, 2017 | The Legal Intelligencer

Third Circuit Affirms Dismissal of FCA Suit Against Genentech

On May 1, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of Petratos v. Genentech, 855 F.3d 481 (3d Cir. 2017) (Petratos), and joined several other circuits in recognizing the heightened False Claims Act (FCA) materiality standard set forth in last year's landmark Supreme Court case, Universal Health Services v. Escobar, 136 S. Ct. 1989, 195 L. Ed. 2d 348 (2016) (Escobar).
13 minute read
November 01, 2017 | Texas Lawyer

Swimming With Sharks—Well, Sort of

 St. Mary's Law School professor Bill Piatt and his son Bob Piatt, a San Antonio attorney, completed a San Francisco swim that has claimed…
6 minute read
October 25, 2017 | Insurance Coverage Law Center

First Mercury Ins. Co. v. Russell

Click Here for FC&S Legal Expert Analysis First Mercury Ins. Co. v. RussellSupreme Court of Appeals of West VirginiaSeptember 12, 2017, Submitted;…
15 minute read
October 10, 2017 | Texas Lawyer

Kilpatrick Townsend Expands With New Houston Office

Atlanta's Kilpatrick, Townsend & Stockton opens office in Houston with 13 construction-law laterals from Coats Rose.
3 minute read
October 06, 2017 | National Law Journal

Justices Pass Up False Claims Disputes, But More Cases Are in the Wings

The Supreme Court has picked up at least one False Claims Act case a term in recent years.
5 minute read
September 06, 2017 | New York Law Journal

FCPA Standstill

In his Corporate Crime column, Steven M. Witzel, joined by Arthur Kutoroff, write: Notwithstanding Trump administration antipathy to "zealous" anti-corruption enforcement, and perhaps assuaged by post-election expressions of support from administration officials and confidence in line prosecutors, commentators have near-unanimously predicted a steadfast continuation of this robust FCPA enforcement. The facts to date do not support these initial predictions.
17 minute read

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