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Top News
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September 20, 2012
Calif. Atty Sued Over Spycams In Coffee Bean Restrooms
A California attorney was hit with a proposed class action Thursday by a Coffee Bean & Tea Leaf customer claiming the Stone Dolginer & Wenzel partner had planted "spycam" recording devices in the coffee shop's restrooms and that the shop's management had attempted to conceal the incidents.
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September 20, 2012
SEC Faces FOIA Suit Over High-Frequency Trading Docs
A company alleging it has evidence of a high-frequency trading firm's securities fraud scheme sued the U.S. Securities and Exchange Commission in Wisconsin federal court Wednesday after the agency denied its Freedom of Information Act requests for information on the firm.
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September 19, 2012
Actress Sues Google, Producer Over Anti-Islamic Film
An actress who appeared in “The Innocence of Muslims,” an anti-Islamic film that set off recent violence in the Middle East, filed a defamation suit against Google Inc. and the film's producer Wednesday, saying the YouTube-broadcast movie portrays her as a religious bigot.
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September 18, 2012
Net Neutrality Groups To Challenge AT&T's FaceTime Plan
Three public policy groups said Tuesday that they would file the first complaint alleging AT&T Inc. will violate the Federal Communications Commission’s net neutrality rules if it forces customers to purchase a separate plan in order to use the popular FaceTime application for iPhones.
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September 17, 2012
Barnes & Thornburg Partner Sued Over Receivership Role
A host of limited partners in funds formerly managed by The Nutmeg Group LLC launched a derivative suit Friday claiming a Barnes & Thornburg LLP partner tapped to act as receiver violated financial regulations and mismanaged the funds, costing investors upward of $50 million.
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September 17, 2012
US Challenges Chinese Auto Subsidies In WTO
The U.S. on Monday lodged a complaint with the World Trade Organization over Chinese government subsidies on cars and auto parts, the same day China launched its own WTO challenge over U.S. duties on billions of dollars worth of exports.
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September 17, 2012
Chicago Asks Court To End Teachers' Strike As Deal Stalls
Chicago's Board of Education asked an Illinois court Monday to force an end to the weeklong city teachers' strike after the union balked at a tentative deal, but a quick resolution seemed unlikely after a judge declined to consider an injunction before Wednesday.
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September 13, 2012
Argentine Bribery Whistleblower Seeks $100M From Siemens
A former Argentine government investigator who says he was brutally beaten for trying to blow the whistle on a Siemens AG bribery scheme related to a $1 billion government contract sued the German company Wednesday for $100 million in damages.
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September 13, 2012
'Pink Slime' Maker Slaps ABC With $1.2B Defamation Suit
A maker of the beef trimmings referred to by critics as "pink slime" launched a $1.2 billion defamation lawsuit in South Dakota on Thursday against American Broadcasting Cos. Inc. and journalist Diane Sawyer, claiming their news reports about the product imperiled its business.
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September 10, 2012
NY Officials Helped Law Firm Reap Millions In Fees: Suit
Raff & Becker LLP directed government funds from hearings on unemployment claims to audits on such cases with the help of New York state officials, including Andrew Cuomo, in order to reap millions of dollars in attorneys' fees, according to a complaint unsealed last week.
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September 10, 2012
Carr Miller Receiver Hits Firm's Ex-GC With $31M Suit
The receiver for Carr Miller Capital LLC — a New Jersey investment firm that allegedly defrauded investors of nearly $42 million — has filed suit against the firm's onetime general counsel for more than $31 million, accusing the attorney of malpractice and negligence.
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September 10, 2012
HSBC Hits Troutman Sanders With $75M Malpractice Suit
HSBC Bank USA NA slapped Troutman Sanders LLP and a former Troutman partner with a malpractice lawsuit in New York on Friday, claiming their negligence enabled a former fundraiser for President Barack Obama to steal $75 million after putting up nonexistent securities as loan collateral.
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September 7, 2012
Stephen Baldwin Says Jeffer Mangels Helped Costner Dupe Him
Stephen Baldwin filed a $10 million suit against Jeffer Mangels Butler & Mitchell LLP on Friday claiming the law firm, while representing the actor, helped Kevin Costner dupe him out of his interest in their oil cleanup company by hiding a $52 million deal with BP PLC.
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September 7, 2012
Marketing Co. Sues Ropes & Gray Over Shareholder Fallout
The successor to fallen marketing services company EMAK Worldwide Inc. has sued Ropes & Gray LLP, claiming the advice one of its former attorneys gave EMAK relating to a proxy battle contributed to its descent into bankruptcy.
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September 7, 2012
Credit Union Watchdog Says UBS Falsely Sold $1.1B In RMBS
The National Credit Union Administration Board on Thursday hit a UBS AG unit with claims that the banking giant misrepresented the risk of more than $1.1 billion in residential mortgage-backed securities it sold to two now-defunct credit unions.
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September 6, 2012
Ex-Penguin Exec Accuses Publisher Of Age Discrimination
A longtime spokeswoman for Penguin Group Inc. sued her former employer in New York state court on Wednesday, accusing the book publisher of age discrimination and an “orchestrated, coordinated” campaign to force her out.
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September 5, 2012
Ben & Jerry's Sues Porn Co. Over Ice Cream-Themed Titles
Ben & Jerry’s Homemade Inc. on Wednesday claimed a porn production company had violated its trademarks with X-rated DVD titles that riff on the popular ice cream company’s well-known flavors.
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September 5, 2012
FDA Sued Over Delay On Pfizer Alzheimer's Drug Decision
A consumer advocacy group sued the U.S. Food and Drug Administration Wednesday in Washington federal court, in a bid to force the agency to decide on its petition to pull a Pfizer Inc. Alzheimer's drug from the market over efficacy and safety concerns.
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September 4, 2012
Hermes Accuses LVMH Of Insider Trading, Share Manipulation
Hermes International SCA revealed Tuesday that it has hit partial stakeholder LVMH Group with a reported insider trading and share manipulation lawsuit in Paris, with LVMH promising to file defamation and unfair competition counterclaims over the accusations.
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September 4, 2012
Maine Says Medicaid Eligibility Rule Is Unconstitutional
Maine sued two federal agencies in the First Circuit on Tuesday, saying an Affordable Care Act-mandated extension to current Medicaid eligibility standards is unconstitutional, becoming the first state to argue against the extension following the U.S. Supreme Court's June ruling on the ACA.
Expert Analysis
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Takeaways From United Technologies' $75M Settlement
United Technologies Corporation's global settlement with the U.S. Departments of State and Justice underscores the importance of a robust compliance program to prevent, detect and remediate any violations of export control laws or regulations — especially if products and services are destined for China, say Jeffrey Gerrish and Soo-Mi Rhee of Skadden Arps Slate Meagher & Flom LLP.
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Understanding Mayo V. Prometheus
Following the U.S. Supreme Court's treatment of the machine-or-transformation test in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., the test — previously thought to be the governing test for patent eligibility under § 101 — no longer appears to occupy such a prominent role in patent-eligibility jurisprudence, says William Merkel of Marshall Gerstein & Borun LLP.
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Radlax — 'An Easy Case'
“This is an easy case,” Justice Antonin Scalia wrote in his opinion in Radlax Gateway Hotel LLC v. Amalgamated Bank, settling the issue of whether the Bankruptcy Code grants the secured creditor a right to credit bid in an auction sale under a plan. But interestingly, the opinion barely mentions the infamous Philadelphia News decision from the Third Circuit which was effectively overruled by the U.S. Supreme Court, say attorneys with Foley & Lardner LLP.
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The Latest Attempt At Criminalizing 'Robo-Signing'
While the New York state Senate did not act on the Foreclosure Fraud Prevention Act of 2012 before adjourning its regular session — and as a result there is little chance the bill will be enacted this year — the bill represents the latest attempt by state governments to impose criminal liability on fraudulent foreclosure practices by mortgage servicers or their employees, say attorneys with Dechert LLP.
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How The 2nd Circ. Aleynikov Opinion Went Awry
In United States v. Aleynikov, the Second Circuit recently created an unfortunate cloud over the scope of the federal trade secret statute. The decision detracts from the primary legislative objectives to promote and protect national economic security and punish individuals who misappropriate intellectual property in the form of trade secrets, say Mark Krotoski and Richard Scott of the U.S. Department of Justice.
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PPACA Victory Sets Stage For New Wave Of Litigation
Although the Patient Protection and Affordable Care Act and its coverage mandates have been upheld, the lack of regulatory guidance for many key areas of the statute creates uncertainty regarding implementation and enforcement. No matter how employers and plan fiduciaries approach the various coverage mandates, it is clear that the future is not without risk of litigation, say attorneys with Proskauer Rose LLP.
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Did The Court Get The Oracle Analysis Right?
The Northern District of California's opinion in Oracle America Inc. v. Google Inc. is suprising given that there was direct copying and that the threshold of originality required for a work to qualify as copyrightable has traditionally been so low that the application programming interfaces almost certainly qualified as sufficiently original to be protected by copyright, says David Makman of the Law Offices of David A. Makman.
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Facing CFIUS: Better Safe Than Sorry
The Committee on Foreign Investment in the United States recently blocked yet another acquisition involving Chinese investors. Any foreign companies looking to invest in the U.S. should be wary of the scrutiny they may confront, and determine whether CFIUS review is likely, say George Wang and Yelena Kotlarsky of Haynes and Boone LLP.
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A Closer Look At ING's $619M Settlement
ING Bank NV's $619 million fine to settle criminal charges is the largest ever against a financial institution in connection with an investigation into U.S. sanctions violations and related offenses. The enforcement action is also notable in several other respects, say attorneys with Steptoe & Johnson LLP.
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Apple V. Motorola: Implications For Patent Damages
Unfortunately, the level of economic coherence in patent law with respect to damages today is roughly comparable to what existed in antitrust law in 1955. However, Judge Richard Posner’s recent opinions in Apple Inc. v. Motorola Inc. help clarify legal and economic standards for measuring patent damages, says Gregory Sidak of Criterion Economics LLC.