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June 01, 2006 |

Junk Culture

High-yield debt has crossed the Atlantic�and a small cadre of U.S. firms are finding riches in the junk markets of Europe.
16 minute read
In Re Lehman Bros, 10-0712-cv
Publication Date: 2011-05-16
Practice Area: Business Law
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Feinberg, Cabranes, and Raggi, C.JJ.
Attorneys:
For plaintiff: Joel P. Laitman, Cohen Milstein Sellers & Toll PLLC, New York, New York (Michael B. Eisenkraft, Daniel B. Rehns, Kenneth M. Rehns, Cohen Milstein Sellers & Toll PLLC, New York, New York; Steven J. Toll, Joshua S. Devore, Matthew B. Kaplan, S. Douglas Bunch, Cohen Milstein Sellers & Toll PLLC, Washington, D.C., on the brief), for Lead Plaintiff-Appellant Locals 302 & 612 of the International Union of Operating Engineers—Employers Construction Industry Retirement Trust and Plaintiffs-Appellants New Jersey Carpenters Health Fund and Boilermakers-Blacksmith National Pension Trust. Joseph J. Tabacco, Jr., Berman DeValerio, San Francisco, California (Patrick T. Egan, Berman DeValerio, Boston, Massachusetts, on the brief), for Plaintiffs-Appellants Wyoming State Treasurer and Wyoming Retirement System. Lester L.Levy, Wolf Popper LLP, New York, New York, for Lead Plaintiff-Appellant Vaszurele Limited.
For defendant: Floyd Abrams (S. Penny Windle (admission pending), Adam Zurofsky, Tammy L. Roy, on the brief), Cahill Gordon & Reindel LLP, New York, New York, for Defendant-Appellee The McGraw Hill Companies, Inc. James J. Coster (Joshua M. Rubins, Glenn C. Edwards, on the brief), Satterlee Stephens Burke & Burke LLP, New York, New York, for Defendant-Appellee Moody's Investors Service, Inc. Andrew J.Ehrlich (Martin Flumenbaum, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York, for Defendant-Appellee Fitch, Inc.
Case number: 10-0712-cv, 10-0898-cv, 10-1288-cv

Cite as: In Re Lehman Bros, 10-0712-cv, NYLJ 1202493939547, at *1 (2d Cir., Decided May 11, 2011)Before: Feinberg, Cabranes, and Raggi, C.JJ.p class="decid

November 09, 2005 |

KPMG's Knight in Shining Armor

Within five months, Sven Erik Holmes went from sitting in an Oklahoma court as a chief federal judge, to standing in federal court as chief legal officer for KPMG. Holmes had nothing to do with the criminal behavior attributed to the auditing firm, but he had everything to do with rescuing it from what appeared to be an inevitable criminal indictment, by convincing the U.S. Attorney to enter a deferred prosecution agreement -- a trend in many corporate cases. Now part two of Holmes' job has begun.
14 minute read
October 09, 2007 |

Alston & Bird a World Apart From DLA Piper

In the past month, five partners have left Alston & Bird for DLA Piper. What makes the moves more than the average lateral soap opera is the fact that the law firms are in such different places. While Alston has about 750 lawyers in six offices, DLA Piper dwells near the top of the law firm financial charts, with 3,400 lawyers working in 64 offices around the globe. DLA Piper has set out to be, as joint CEO Francis Burch Jr., puts it, "the leading global business law firm," come hell or high water.
10 minute read
After Rebuff in Lehman Class Action Against Ratings Agencies, Cohen Milstein Is Back for Another Crack at S&P and Moody's
Publication Date: 2010-03-10
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The firm has an innovative theory to hold the credit ratings agencies responsible for inflated evaluations of mortgage-backed securities. Too bad judges aren't yet buying it.

Sins of Omission: Morgan Stanley Can't Shake Claims over Ratings on Failed SIV
Publication Date: 2012-10-08
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A judge ruled that even if Morgan Stanley didn't directly mislead investors about the risks of a $6.6 billion SIV, the bank can still be found liable for negligent misrepresentation on the theory that it conveyed inaccurate ratings by the rating agencies and didn't steer investors straight.

Paul Weiss, Proskauer Prevail for Citi and McGraw-Hill in Second Circuit ERISA Case
Publication Date: 2011-10-19
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The Second Circuit becomes the fifth appellate court to conclude that ERISA protects companies that offer their stock as an investment option so long as the retirement plan administrators act prudently. In a dissent, one judge criticized the court's presumption that plan administrators act prudently.

March 22, 2010 |

Voir Dire

A trend among name partners; a police impersonator with really bad luck; Corporette's identity revealed; and Motor City won't be burning scented candles in this week's column.
3 minute read
Arnold & Porter Files Viacom Suit over iPad Programming, This Time Against Cablevision
Publication Date: 2011-06-23
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Viacom, which filed a similar complaint against Time Warner in April, claims the cable companies can't distribute Viacom TV shows to iPad users without a separate license. The cable companies counter that a screen is a screen.

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