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July 26, 2004 |

The Plaintiff's Hot List

Including profiles of 20 top litigation firms, this list also provides a substantive view of some of the noteworthy cases that established these heavy hitters as outstanding professionals.
19 minute read
August 05, 2004 |

The Plaintiffs' Hot List

The National Law Journal's Hot List is a list of plaintiffs' litigation firms that we feel have done exemplary work during the past year.There are class action securities firms, toxic tort specialists, a firm that mostly does automobile cases and one that specializes in representing whistleblowers. They are scattered around the country, though fully a quarter are based in Texas.
19 minute read
January 15, 2002 |

Outside Counsel

T he irony of arbitration provisions is that they often result in a race to the courthouse. This is because New York CPLR 7502(c) 1 allows a party to initiate a special proceeding to obtain an attachment or preliminary injunction in aid of arbitration. The outcome of the special proceeding often has important ramifications for the arbitration and settlement leverage.
10 minute read
February 27, 2006 |

Second Circuit Review

Martin Flumenbaum and Brad S. Karp, members of Paul, Weiss, Rifkind, Wharton & Garrison, review the notable decision in Heerwagen v. Clear Channel Communications, in which the court held that a district court, in determining whether to certify a class action, may consider the merits of the case. In reaching this conclusion, the Second Circuit decisively retreated from its position in a prior precedent that most commentators had believed placed the court at odds with many of its sister circuits.
11 minute read
July 25, 2006 |

New CPLR 7502(c): Can Legislature Interpret Federal Law for N.Y.?

Robert P. Knapp III, a member of Mulholland & Knapp, writes that one of the peculiarities of our federal system of concurrent federal and state jurisdiction is that each court system can make its own interpretation of the same law. Until the highest court in either system � the U.S. Supreme Court for the federal system and the New York Court of Appeals for this state � has issued a definitive interpretation of a federal or state law, the same law can be given contradictory interpretations in each system.
12 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"

June 27, 2003 |

Sarbanes-Oxley Extends Statute of Limitations

The Sarbanes-Oxley Act of 2002 contains some good news for investors. It extends the statute of limitations for securities claims to two years after the discovery of facts constituting the violation and to five years after the violation actually occurred. While time limits have been liberalized, the rules for applying these limits in individual cases remain a developing area of the law.
9 minute read
March 29, 2007 |

Corporate Securities

John C. Coffee, Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and director of its Center on Corporate Governance, writes that until recently in the Second Circuit, plaintiffs in securities class actions were required only to make "some showing" of the certification requirements, at least when they were "enmeshed" with the merits and did not have to satisfy the preponderance of the evidence standard required by some other circuits.
12 minute read
February 15, 2000 |

Court Decisions

18 minute read
January 01, 2013 |

Big Deals

The law firms that handled the biggest recent deals in Europe.
6 minute read
September 24, 1999 |

Employment Arbitration: Courts Safeguard Employee Rights

The law governing arbitration of employment disputes has undergone a remarkable evolution. At the beginning of the 1990's, the Supreme Court in Gilmer v. Interstate/Johnson Lane Corp. endorsed mandatory arbitration to resolve age discrimination claims. Federal courts are now recognizing, however, that arbitration sometimes favors employers unfairly. Judges have started to issue rulings intended to ensure that arbitration is in fact the neutral forum originally contemplated by the Supreme Court.
12 minute read

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