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May 01, 2002 |

Outside Counsel

A rbitration has long been used to resolve commercial disputes faster and more economically than would be possible in court. One of the principal factors contributing to that success is the finality, which derives from the limited judicial review that awards receive under current federal and state law. When awards are vacated for mere error of law or fact, that finality is lost, and arbitration becomes only the first round in protracted litigation. This is what has occurred in the recent case of Westerbeke
13 minute read
October 21, 2008 |

Pre-emption: At the tipping point

Since World War II, the raw power of the federal government has progressively expanded. After Sept. 11, this trend accelerated, perhaps reaching a historic peak during the present financial crisis when the administration initially pressured Congress to authorize undefined, unfettered and judicially unreviewable power to buy up $700 billion in private sector bad debt.
30 minute read
March 27, 2006 |

Supremes Ponder Patents' Boundaries

U.S. Supreme Court justices appeared reluctant March 21 to decide a key patent law case in a way that would, as one justice put it, establish "monopolies in this country beyond belief" over naturally occurring phenomena.
4 minute read
April 23, 2012 |

Mandatory arbitration of employment class actions

Recent decisions may have made 'Concepcion' effectively inapplicable to actions asserting employment law claims.
7 minute read
March 22, 2006 |

Supreme Court Tackles Patentability of Scientific Phenomena

In a dispute that tests the scope of patentability, the Supreme Court seemed reluctant Tuesday to decide a key case in a way that would establish what Justice Stephen Breyer called "monopolies in this country beyond belief" over naturally occurring phenomena. Laboratory Corp. of America v. Metabolite could help resolve a festering legal debate over whether a basic scientific phenomenon can be patented -- and, by extension, whether business strategies or other less tangible creations can be patented.
4 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"

March 22, 2006 |

Supreme Court tackles patentability of scientific phenomena

Tony Mauro, Legal TimesSupreme Court justices appeared reluctant Tuesday to decide a key patent law case in a way that would, as one justice put it, establish "monopolies in this country beyond belief" over naturally occurring phenomena. Justice Stephen Breyer expressed that concern during oral arguments in Laboratory Corp.
4 minute read
January 20, 2004 |

State Wage Payment Laws Pose Unique Challenges

Suits alleging violations of the Fair Labor Standards Act have skyrocketed. These suits, often class actions, generally revolve around improper employee classification and wrongful denial of overtime compensation. At the same time, another front on the wage-and-hour landscape has emerged: litigation arising from state wage payment statutes, which present their own unique protections, opportunities and challenges.
13 minute read
June 14, 2013 |

Unapproved Opinions

Opinions not approved for publication.
58 minute read
In Re Wachovia Equity Securities Litigation, 08 Civ. 6171 (RJS)
Publication Date: 2011-04-07
Practice Area: Business Law
Industry:
Court: U.S. District Court, Southern District
Judge: District Judge Richard J. Sullivan
Attorneys:
For plaintiff: The Equity Plaintiffs are represented by Ira M. Press, Andrew Martin McNeela, and Roger W. Kirby of Kirby McInerney LLP, New York, NY. The Stichting Plaintiffs are represented by Geoffrey Coyle, Jarvis, Jay W. Eisenhofer, and Michele S. Carino of Grant & Eisenhofer, P.A., New York, NY; and James Richard Banko of Grant & Eisenhofer, P A, Chase Manhattan Centre, Wilmington, DE. The FC Holdings Plaintiffs are represented by Daniel Arthur Cohen, Daniel Joseph Kornstein, and Amy Christine Gross of Kornstein Veisz Wexler & Pollard, LLP, New York, NY; JefIrey H. Squire of Bracewell & Patterson, LLP, Washington, DC; and Paul D. Wexler of Bragar, Wexler & Eagel, P.C., New York, NY. The Bond/Notes Plaintiffs represented by John J. Gross, Christopher L. Nelson, David Kessler, John Anthony Kehoe, and Benjamin J. Sweet of Barrowav Topaz Kessler Meltzer & Check, LLP, Radnor, P A; Nichole Browning and Eric Donald Peterson of Barroway Topaz Kessler Meltzer & Check, LLP, San Francisco, CA; Ramzi Abadou, Maureen Elizabeth Mueller, Lucas F. Olts, and John J. Rice of Robbins Geller Rudman & Dowd LLP, San Diego, CA; David Avi Rosenfeld of Robbins Geller Rudman & Dowd LLP, Melville, NY; John Patrick Coffey, William Curtis Fredericks, Kurt Michael Hinciker, Christopher Chad Johnson, John James Rizio-Hamilton, and Jeroen Van Kwawegen of Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Jack Gerald Fruchter of Abraham Fruchter & Twersky LLP, New York, NY; Lionel Z. Glancy of Glancy & Binkow, LLP, Los Angeles, CA; Michael Max Goldberg of the Law Offices of Michael Goldberg, New York, NY; Marc Ian Gross and Fei-Lu Qian of Pomerantz Haudek Block Grossman & Gross LLP, New York, NY.
For defendant: The Wachovia Defendants are represented by Douglas H. Flaum, Eric A. Hirsch, Israel David, and John W. Brewer of Fried, Frank, Harris, Shriver & Jacobson, New York, NY. The Underwriter Defendants are represented by Alfred Robert Pietrzak, Patrick Michael McGuirk, Owen Harris Smith, and Saima S. Ahmed of Sidley Austin LLP, New York, NY. Defendant KPMG is represented by Emmet Thomas Flood of Williams & Connolly LLP, Washington, DC and Marshall Beil of McGuireWoods LLP, New York, NY.
Case number: 08 Civ. 6171 (RJS)

Cite as: In Re Wachovia Equity Securities Litigation, 08 Civ. 6171 (RJS), NYLJ 1202489220302, at *1 (SDNY, Decided March 31, 2011)District Judge Richard J. Sull

July 28, 2003 |

Securities Law

The Sarbanes-Oxley Act of 2002 contains some good news for investors, extending the statute of limitations for securities claims. However, while time limits have been liberalized, the rules for applying these limits in individual cases remain a developing area of the law.
8 minute read

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