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Defendant Microsoft Corporation's Position as to Future Proceedings on the Issue of Remedy
Insurance Department`s Rules On `Preferred Repairers` Barred
ALBANY The Court of Appeals yesterday shot down a New York State Department of Insurance regulation prohibiting insurers from steering policyholders to specific auto repair shops. But in holding that the regulation is not authorized by statute, the Court found no need to resolve a commercial speech issue.After months of cutting quiet deals with banks in the high-stakes Manhattan state court litigation challenging its 2009 restructuring, MBIA Inc. reached a major settlement with Morgan Stanley on Tuesday. But for some of MBIA's Wall Street adversaries, the notion that MBIA had to rely on a loan to fund part of the settlement vindicates their claims that the insurer's restructuring was a fraud.
Departing Pentagon GC Johnson Expected to Rejoin Paul Weiss
Jeh Johnson, the general counsel for the U.S. Department of Defense, has announced that he is stepping down from that post at the end of the year. During his time at the agency, Johnson authored a report that paved the way for the repeal of the "Don't Ask, Don't Tell" policy, and was instrumental in the Obama administration's handling of military commission trials at Guantanamo Bay.In January 2010 the SEC predicted that its new program to encourage companies to come forward with evidence of wrongdoing would be a "game changer." But since then, the SEC has entered into just three non-prosecution agreements and one deferred prosecution agreement, according to a report by Gibson, Dunn & Crutcher. The agency counters that it's signed 42 individuals to cooperation agreements, and its initiative is "already paying substantial dividends."
Bush Official Apologizes for Slap at Lawyers for Detainees
A Department of Defense lawyer apologized Wednesday for his comments suggesting that corporations boycott law firms that represent detainees at the Guantanamo Bay detention facility. In a letter to The Washington Post, Charles Cully Stimson said the comments, made during a radio interview, "do not reflect my core beliefs." His apology came two days after the Pentagon disavowed his statements, saying they did not represent Defense Department views. The remarks had touched off a salvo of criticism.There aren't going to be any class actions directly related to the ABACUS offering at the heart of the SEC suit, since it involves only a tiny group of investors. But two pending MBS cases against Goldman show that Rich Klapper knows his client very well--and knows how to defend against fraud allegations.
The U.K. Bribery Act arrived this summer in a hail of publicity. But that act won't move mountains without a change in Britain's legal structure. "There's a real need [in the U.K.] for a middle ground between full-on criminal prosecution and civil recovery," said the former U.K. corruption prosecutor Matthew Cowie, now with Skadden, Arps, Slate, Meager & Flom.
Since 1993, Winston & Strawn's Thomas Buchanan has led the charge in an epic shareholder battle with the federal government over the FDIC's seizure of Meritor Savings Bank during the savings and loan crisis. It's finally over--almost.
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