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September 19, 2012 |

Lawyers look to protect their own in class action battle

On Supreme Court briefs, law firm names can usually be found toward the bottom, identifying the affiliation of the counsel of record. But in a pair of cases now pending before the court, law firms are top-of-the-page petitioners, signaling a major new effort to convince the Supreme Court that lawyers and other "third parties" should not be sued in securities class actions.
4 minute read
March 22, 2006 |

Case Tests Scope of Patentability

The Supreme Court justices expressed concern that ruling a certain way in a patent case could establish "monopolies in this country beyond belief" over naturally occurring phenomena.
3 minute read
May 31, 2007 |

Arbitration

William J.T. Brown, of counsel at LeBoeuf, Lamb, Greene, & MacRae, writes that - although practitioners may not have noticed - New York's arbitration statute, the venerable CPLR Article 75, seems to have become a virtual dead letter.
10 minute read
April 30, 2010 |

Language Court's Focus in Cases Like 'Merck'

The U.S. Supreme Court's Merck opinion this week is in line with its recent interpretations of the Securities Exchange Act's private right of action.
9 minute read
March 20, 2002 |

Should Employees Share Their Arbitration Costs?

The use of arbitration to resolve employment-related disputes has grown exponentially. Ironically, the increased use of arbitration has generated significant litigation over the rules that should govern proceedings between employers and employees. In particular, the issue of cost allocation has arisen frequently, but the courts themselves are divided on cost-sharing provisions.
8 minute read
Law Journal Press | Digital Book Limited Liability Companies and Limited Liability Partnerships Authors: Thomas A. Humphreys View this Book

View more book results for the query "Merrill Lynch Pierce Fenner and Smith Limited"

April 03, 2012 |

Recent Decisions on Empty Chair Defendants

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier of Kramer, Dillof, Livingston & Moore analyze two recent decisions, one that recognizes that the opportunity had by co-defendants to litigate the merits of claims against another defendant on a summary judgment motion precludes those claims from being re-litigated at trial for the purposes of apportionment, and another that discussed the effect of an automatic bankruptcy stay on empty chair strategies.
13 minute read
January 02, 2006 |

In re Merck & Co. Inc. Securities Litigation

The District Court correctly found that lead plaintiff in this class action failed to establish a material misstatement or omission by Merck in the registration statements filed in connection with an IPO and, thus, that it did not sufficiently plead a securities fraud under � 10(b) of the Securities Exchange Act of 1934 or under � 11 of the Securities Act of 1933, and that it therefore also failed to make a valid � 20(a) claim under the '34 Act; the dismissal of these claims is affirmed.
16 minute read
Iowa Public Employees' Retirement System v. Merrill Lynch, Inc., 09-3919-Cv
Publication Date: 2010-09-16
Practice Area: Business Law
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Jacobs, Ch. J., B.D. Parker and Hall, C.JJ.
Attorneys:
For plaintiff: Policemen's annuity & Benefit Fund Of Chicago, Central States, Southeast and Southwest Areas Pension Fund, State-Boston Retirement System, Mf Global Institutional Investors Group Michael Rubin, Individually And On Behalf Of All Others similarly Situated, Plaintiff Nanette Katz, Frank Matassa, Sunshine Wire And Cable Defined benefit Plan Trust, Individually And On Behalf Of All Others similarly Situated, Michael J. Rudnick, Individually And On behalf Of All Others Similarly Situated, Consolidated-Plaintiffs Mark R. Rosen, Barrack, Rodos & Bacine, Philadelphia, Pa(Leonard Barrack, Barrack, Rodos & Bacine, Philadelphia, Pa; William J. Ban, Barrack, Rodos & Bacine, New York, NY; Carol v. Gilden, Cohen Milstein Sellers & Toll Pllc, Chicago, Il; and Steven J. Toll, Daniel S. Sommers, Cohen Milstein Sellers & Toll Pllc, Washington, Dc On the Brief) For Appellants. David B. Anders (Bernard W .Nussbaum, Elaine P. Golin, and Christina T. Shay on the Brief),Wachtell, Lipton, Rosen & Katz, New York, Ny For Mf Global Appellees. Stuart J. Baskin, Herbert S .Washer, and Adam S. Hakki, Shearman & Sterling Llp, New york, Ny For Underwriter Appellees.
For defendant:
Case number: 09-3919-Cv

Cite as: Iowa Public Employees' Retirement System v. Merrill Lynch, Inc. 09-3919-Cv, NYLJ 1202472076104, at *1 (2nd Cir., September 14, 2010)Before: Jacobs, Ch.

June 04, 2007 |

CPLR �7502(c): Changes to Aid Arbitration Remedies

Cliff Thau, a partner at Vinson & Elkins, and Ari M. Berman, an associate at the firm, write that in the wake of its enactment, commentators paid significant attention to the fact that the amendment to CPLR �7502(c) enables New York courts to issue preliminary injunctions and attachments in aid of all arbitrations, both domestic and foreign. Practitioners should take note of three additional issues relating to the amendment.
9 minute read

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