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October 22, 2012 |

Implementing U.S. and International Social Networking Regulations

Erika C. Collins, a partner at Paul Hastings, reviews recent U.S. legislation regarding applicant privacy and the NLRB's social networking and employment policy guidelines; the state of social media and employment law in the EU, particularly France, the United Kingdom and Argentina; and recommendations for employers faced with complying with new laws governing the use of social media.
13 minute read
January 18, 2013 |

FCPA Shareholder Derivative Plaintiffs Rack Up Strikes but Keep Swinging

Donald A. Corbett, a member at Lowenstein Sandler, and Daniel K. Roque, counsel to the firm, write that following headline-grabbing stories of arrests and multimillion-dollar settlements with the DOJ and SEC related to alleged Foreign Corrupt Practices Act violations, shareholders have filed a number of derivative actions against such household names as Avon Products, Hewlett-Packard, Smith & Wesson, and Wal-Mart.
12 minute read
July 24, 2013 |

Preserving (or Limiting) Contractual Claims to Address 'Sandbagging'

The term "sandbagging" has been used generally in the M&A context to refer to the buyer's assertion of post-closing claims for breach of representation and warranty despite its pre-closing knowledge that the seller's representations or warranties were not true and correct when made. Although counterparties may contract around sandbagging by expressly preserving or limiting the buyer's right to assert claims in cases where it knew (or was on notice) of a seller's breach prior to closing, in the absence of a "pro-sandbagging" or "anti-sandbagging" provision, the permissibility of sandbagging is a matter of the law of the jurisdiction governing the agreement.
5 minute read
April 17, 2012 |

Divided Patent Infingement: The German Perspective

The uncertain legal climate in the U.S. , may benefit from an outside approach as cases come on appeal, says Alexander Harguth of McDermott Will & Emery Rechtsanwalte Steuerberater.
8 minute read
May 20, 2004 |

Internal Investigations: A Top 10 Checklist

Robert A. McTamaney and Timothy J. Fitzgibbon, partners with Carter Ledyard & Milburn, answer the question: What to do when the whistle blows?
9 minute read
January 25, 2008 |

Securities Class Action Litigation

Samuel H. Rudman, a partner at Coughlin Stoia Geller Rudman & Robbins, writes that with delinquency and foreclosure rates on subprime mortgages reaching an all-time high last year, there are fears that many more of the underlying loans are likely to default. The result has been a plunge in the value of mortgage-backed securities and CDOs. In 2007 alone, financial companies had to write down over $80 billion worldwide because of the decrease in the value of mortgage-backed securities.
10 minute read
July 08, 2004 |

S.F. Fraud Chief Flies DOJ Coop for Shearman

The head of the U.S. attorney's securities fraud unit is getting ready to return to his old law firm. Patrick Robbins, 41, told the Northern District U.S. attorney's office Wednesday that he will be leaving in September. Robbins is in talks with New York-based Shearman & Sterling, the 1,000-lawyer firm where he began his legal career 14 years ago, according to sources familiar with those talks.
3 minute read
May 31, 2001 |

Applying Heightened Pleading Requirements to Non-Fraud Cases

Since the enactment of The Private Securities Litigation Reform Act of 1995, many decisions have interpreted the new pleading requirements as they apply to the antifraud provisions of the federal securities laws and regulations. This article focuses on how the courts have applied enhanced pleading requirements to federal securities claims that are not fraud-based.
10 minute read
In Re Bear Stearns Co., Inc., 08 MDL 1963
Publication Date: 2011-01-26
Practice Area: Business Law
Industry:
Court: U.S. District Court, Southern District
Judge: District Judge Robert W. Sweet
Attorneys:
For plaintiff: Interim Co-Lead Counsel for the Securities Plaintiffs: By: David S. Preminger, Esq., Keller Rohrback LLP, New York, NY By: Lynn L. Sarko, Esq., Derek W. Loeser, Esq., Erin M. Riley, Esq., Gretchen S. Obrist, Esq., Seattle, WA By: Joseph H. Meltzer, Esq., Edward W. Ciolko, Esq., Peter H. LeVan Jr., Esq., Shannon O. Lack, Esq., Barroway Topaz Kessler Meltzer Check LLP, Radnor, PA Attorneys for Lead Securities Plaintiff State of Michigan Retirement Systems: By: Jeffrey C. Block, Esq., Patrick T. Egan, Esq., Justin Saif, Esq., Berman Devalerio, Boston, MA By: Joseph J. Tabacco, Jr., Esq., Julie J. Bai, Esq., San Francisco, CA By: Thomas A. Dubbs, Esq., James W. Johnson, Esq., Michael W. Stocker, Esq., Labaton Sucharow LLP, New York, NY Co-Lead Counsel for the Derivative Plaintiff: By: David A.P. Brower, Esq., Brower Piven, P.C., New York, NY By: Marc M. Umeda, Esq., George C. Aguilar, Esq., Shane P. Sanders, Esq., Gregory E. Del Gaizo, Esq., Robbins Umeda LLP, San Diego, CA Interim Co-Lead Counsel for the ERISA Plaintiffs: By: Joseph H. Meltzer, Esq., Edward W. Ciolko, Esq., Julie Siebert-Johnson, Esq., Peter H. LeVan Jr., Esq., Shannon O. Lack, Esq., Mark K. Gyandoh, Esq., James A. Maro, Jr., Esq., Barroway Topaz Kessler Meltzer Check LLP, Radnor, PA By: David S. Preminger, Esq., Keller Rohrback LLP, New York, NY By: Lynn L. Sarko, Esq., Derek W. Loeser, Esq., Erin M. Riley, Esq., Gretchen S. Obrist, Esq., Seattle, WA Interim Liaison Counsel for ERISA Plaintiffs: By: Milo Silberstein, Esq., Dealy & Silberstein, LLP, New York, NY
For defendant: Interim Liaison Counsel for the Securities Plaintiffs: By: Milo Silberstein, Esq., Dealy & Silberstein, LLP, New York, NY Attorneys for Defendants The Bear Stearns Companies Inc., JPMorgan Chase & Co., Michael Minikes, Kathleen Cavallo, Stephen Lacoff, and Robert Steinberg: By: Eric. S. Goldstein, Esq., Brad S. Karp, Esq., Lewis R. Clayton, Esq., Douglas M. Pravda, Esq., Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY By: Paul J. Ondrasik, Jr., Esq., F. Michael Kail, Esq., Steptoe & Johnson LLP, Washington, DC Attorneys for Defendant James E. Cayne: By: David S. Frankel, Esq., Kramer Levin Naftalis & Frankel LLP, New York, NY Attorneys for Defendant Alan D. Schwartz: By: Jay B. Kasner, Esq., Susan Saltzstein, Esq., Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY Attorneys for Defendant Samuel L. Molinaro, Jr.: By: Michael Chepiga, Esq., William T. Russell, Jr., Esq., Simpson Thacher & Bartlett LLP, New York, NY Attorneys for Defendant Alan C. Greenberg: By: Ronald Richman, Esq., Jill L. Goldberg, Esq., Schulte Roth & Zabel LLP, New York, NY Attorneys for Defendant Warren J. Spector: By: David B. Anders, Esq., Meredith L. Turner, Esq., Wachtell, Lipton, Rosen & Katz, New York, NY Attorneys for Defendant Jeffrey Mayer: By: Richard A. Edlin, Esq., Ronald D. Lefton, Esq., Greenberg Traurig, LLP, New York, NY Attorneys for Defendants Henry S. Bienen, Carl D. Glickman, Michael Goldstein, Donald J. Harrington, Frank T. Nickell, Paul A. Novelly, Frederic V. Salerno, Vincent Tese and Wesley S. Williams, Jr.: By: Randy M. Mastro, Esq., Robert F. Serio, Esq., Gibson, Dunn & Crutcher LLP, New York, NY Attorneys for Defendant Michael Alix: By: Scott D. Corrigan, Esq., Jeffrey P. Wade, Esq., Wiggin & Dana LLP, New York, NY Attorneys for Defendant Jeffrey M. Farber: By: Michael R. Young, Esq., Antonio Yanez, Jr., Esq., Willkie Farr & Gallagher LLP, New York, NY Attorneys for Defendant Deloitte & Touche LLP: By: Max R. Shulman, Esq., Cravath, Swaine & Moore LLP, New York, NY
Case number: 08 MDL 1963

Cite as: In Re Bear Stearns Co., Inc., 08 MDL 1963, NYLJ 1202479404634, at *1 (SDNY, Decided January 9, 2011)District Judge Robert W. Sweetp class="decided

November 01, 2007 |

What's Behind the Drop in Corporate Fraud Indictments?

The Justice Department's Corporate Fraud Task Force record is a long litany of achievements punctuated by disappointment and controversy. From case records and statistics, as well as interviews with prosecutors, task force members and defense lawyers, The American Lawyer derived a detailed portrait of corporate fraud prosecutions over the last five years. Perhaps the most curious of the findings is the precipitous decline in major corporate fraud indictments since the re-election of President Bush.
20 minute read

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