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Disclosure of Confidential Witnesses in PSLRA Cases
Douglas H. Flaum and Israel David, partners at Fried, Frank, Harris, Shriver & Jacobson, write that the recent decisions of the Southern District of New York underscore that courts are disfavoring the argument that a confidential witness list is attorney work product.
In Practice: Supreme Court Strengthens 'Concepcion'
A recent decision makes it harder to avoid arbitration and may influence pending cases before the California Supreme Court, explains Neil Bardack of Hanson Bridgett.S&C Gets Call from UnitedHealth on Takeover of Medicare Specialist
Winning the War for Talent: Attracting and Retaining the Best Lawyers
It is impossible to ignore the dramatic shifts in the demographics of the workforce that are taking place in this country.
SUM Legislation - Good News/Bad News
In their Insurance Law column, Norman H. Dachs and Jonathan A. Dachs, partners at Shayne, Dachs, Sauer & Dachs, discuss the governor's veto of a bill that dealt with the amount of SUM coverage required to be made available to consumers and another bill that was signed into law expanding the definition of "insured" under the SUM Endorsement to include emergency workers who had not been protected when the policy was issued to a fire company or ambulance service.
Court Unlikely to Block Arbitration of § 17200 Cases
The California Supreme Court didn't seem inclined Tuesday to let plaintiffs who file private attorney general class actions use the state's unfair competition law to avoid arbitration. Specifically, several of the justices expressed concern that doing so would invite abuse of the law, Business and Professions Code § 17200, by encouraging plaintiffs to assert it in all cases seeking injunctive relief from a business.Pre-Suit Demand Excused in Derivative Action When Company's Board Evenly Split
Traditionally, the requirement of a pre-suit demand in a derivative case is excused if there is not a majority of disinterested directors to receive the demand. But until now, there was no unequivocal authority to determine how that majority requirement would apply to an evenly divided board. This troublesome question was recently tackled by the Delaware Court of Chancery, which squarely addressed the issue in a decision that impacts Delaware corporations and shareholders alike.WellPoint's settlement isn't end of HMO war
Wellpoint Inc.'s recent $200 million settlements with 700,000 doctors and 18 medical societies will not put an end to the six years of litigation against the largest health maintenance organizations in the country.Arbitration Clauses Where Employee Pays Are Valid
In separate cases, two federal judges in the Eastern District of Pennsylvania enforced arbitration clauses in employment discrimination cases despite the fact workers may have to bear some of the costs. Finding the 3rd U.S. Circuit Court of Appeals has never addressed the questions raised in their cases, the judges concluded separately that both a "loser pays" provision and a clause calling for both sides to bear the costs equally are enforceable.TRENDING STORIES
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