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November 03, 2003 |

November 2003 Docket Watch

In the next two weeks, the U.S. Supreme Court reviews whether the Age Discrimination Employment Act of 1967 prohibits "reverse discrimination" policies that treat older workers more favorably than younger workers. The Court also considers whether an airline is liable under the Warsaw Convention when an asthmatic passenger's death is caused by cigarette smoke in the aircraft and a flight attendant's refusal to relocate the passenger.
4 minute read
Underwriters Reach $417 Million Settlement in Class Action over Lehman Failure
Publication Date: 2011-12-06
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Combined with a previously reported $90 million deal with Lehman directors and officers, a proposed settlement disclosed Friday with a slew of underwriters would bring the plaintiffs' combined recoveries in the case to $507 million. Next up for co-counsel at Bernstein Litowitz and Kessler Topaz? Claims against underwriter UBS and Lehman auditor Ernst & Young.

July 05, 2006 |

Is the Honeymoon Over for the Roberts Court?

A Supreme Court term that began with hopes for a new era of consensus dissolved in its final weeks into a blizzard of quarrelsome writing that clarified little and robbed some decisions of their precedential force. The messy finale may be explained in part by the increased importance of Justice Anthony Kennedy as the Court's swing vote. And some say the disarray may just be a preview of next term, when the Court will face even thornier cases on race-conscious public school policies and abortion.
7 minute read
Susan Beck's Summary Judgment: Delaware Law Lets Lehman Execs Off Easy
Publication Date: 2010-03-17
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Reading the report of Lehman examiner Anton Valukas is an exercise in frustration: Despite his careful chronicling of the inept corporate management that pushed Lehman into bankruptcy, Valukas concludes that most lousy Lehman executive decisions fall under the protection of Delaware's vaunted business judgment rule.

May 01, 2010 |

You Only Live Thrice

The 2,200?page bankruptcy examiner report on Lehman Brothers made such a thud on Bar Talk's desk that we were reminded of a similar thud.
4 minute read
July 09, 2007 |

Conservatives Fear 4th Circuit Slipping Away

Conservatives worry that the White House is blowing a chance to retain control over one of the nation's most influential courts.
7 minute read
October 23, 2007 |

The Power of Veteran Advocates

A Georgetown law professor's research suggests that having high-priced advocates � like Latham's Maureen Mahoney � helps your case at the Supreme Court.
9 minute read
October 02, 2007 |

Stakes Are High for State's Judicial Election Process

Oral argument will be held tomorrow at the U.S. Supreme Court in the case that has had New York's political and legal establishments on tenterhooks for nearly two years. Handling the lion's share of the argument for the defenders of the status quo will be Theodore B. Olson, while arguing for the system's challengers will be Frederick A.O. Schwarz Jr.
8 minute read
Because Lawyers Failed to Reveal Juror's Lies, Judge Rejects Client's Bid for New Trial
Publication Date: 2013-01-04
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The failure of lawyers at Brune & Richard to reveal that they knew a juror in their client's trial was lying doesn't mean that they gave their client ineffective counsel, a federal court judge in Manhattan ruled Thursday. The client, former Deutsche Bank accountant David Parse, was convicted in 2011 in a trial over a tax shelter scheme allegedly set up by codefendant Paul Daugerdas, a former Jenkens & Gilchrist partner.

In Delaware Patent Mystery, Acacia Unit Dismisses Claims Against Alactel-Lucent--the Case's Sixth Dropped Defendant
Publication Date: 2010-05-11
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The poster child for patent holding companies keeps dropping defendants from an infringement suit involving digital network access server technology. Is it signing secret licensing deals or just losing the litigation?

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