United States

Alison Frankel

Trump, in feud with Kellyanne Conway spouse, calls him 'whack job,' 'husband from hell'

Mar 20 2019

WASHINGTON/NEW YORK U.S. President Donald Trump refused to row back on his feud with White House aide Kellyanne Conway's spouse on Wednesday, calling George Conway a "husband from hell" and prompting Conway to renew his accusation that Trump was mentally unfit for his office. | Video

Opioids MDL judge ousts ex-prosecutor from two cases against Endo

Mar 20 2019

U.S. District Judge Dan Polster ruled Wednesday that former Cleveland U.S. Attorney Carole Rendon, now in private practice at Baker & Hostetler, may not represent the pharmaceutical company Endo in two cases in the multidistrict litigation accusing opioids defendants of sparking the opioid crisis by misrepresenting the addictiveness of prescription painkillers.

Nevada lawmakers to consider fee shifting in shareholder litigation

Mar 19 2019

In a clear effort to differentiate Nevada from Delaware as a haven for incorporation, state senator Yvanna Cancela introduced a bill Monday that would allow companies incorporated in Nevada to force shareholders to bear defense costs in unsuccessful litigation over M&A transactions, as long as the deals have been approved by a shareholder majority. The bill would also authorize state officials to issue rules encouraging plaintiffs' lawyers to indemnify shareholders against exposure to defense fees.

New suit accuses Cravath of abetting Fresh Market directors' breach of duty

Mar 18 2019

Plaintiffs' lawyers from Friedlander & Gorris and Robbins Geller Rudman & Dowd have accused Cravath Swaine & Moore of aiding and abetting an alleged breach of duty by board members of the Fresh Market, which was acquired by the private equity fund Apollo for $1.4 billion in 2016. Shareholders leveled their accusations against Cravath in an amended class action complaint filed last week in Delaware Chancery Court.

A Rorschach test on equal pay and workplace sex discrimination

Mar 15 2019

Earlier this week, U.S. District Judge John Lee of Chicago issued a summary judgment opinion in an advertising sales executive’s equal pay and sex discrimination case against Gannett, the publisher of USA Today. I’m not going to tell you yet how the judge ruled. That’s because, as I read Gannett’s summary judgment brief and the ad rep’s opposition – which, because this was summary judgment briefing, are based on undisputed facts – it occurred to me that the case is a revealing test of perceptions about men and women and white-collar office jobs.

Admissions scandal class action is ‘fascinating’ but likely doomed - experts

Mar 14 2019

Two Stanford students filed a class action Wednesday in federal court in San Francisco, claiming that they and every other student who applied to eight universities implicated in a sweeping college admissions bribery scandal deserve to recoup the fees they paid to apply to those schools.

Government officials put opioid defendants in a squeeze over confidentiality

Mar 14 2019

Confidentiality battles are becoming a hallmark of the litigation by cities and states suing pharmaceutical companies for allegedly sparking the opioid crisis by falsely representing the addictiveness of their products to patients and physicians. The pharmaceutical companies that make and sell opioids, which dispute the very premise of the false marketing claims, don’t want their internal documents to become public. That’s no surprise. Corporate defendants inevitably fight – and frequently prevail – against the revelation of confidential information.

Landmark post-Halliburton decision from 8th Circuit allows Best Buy to escape class action

Mar 11 2019

A once-promising securities class action against Best Buy came to a whimpering end on Friday, when U.S. District Judge Donovan Frank of St. Paul, Minnesota, granted summary judgment to the electronics chain, which had been accused of misrepresenting its projected earnings in a conference call with analysts way back in 2010.

SEC commissioner Peirce signals shareholder arbitration is not dead yet

Mar 08 2019

Despite the apparent determination of Securities and Exchange Commission Chairman Jay Clayton to avoid the issue of mandatory shareholder arbitration, the controversy over whether public companies can require investors to give up their right to sue under federal securities laws just won’t die. This week, SEC Commissioner Hester Peirce signaled in a speech to the Council of Institutional Investors that she would support a corporate mandatory arbitration clause, arguing that institutional investors should be more skeptical about the benefits to shareholders of securities class actions.

In new Supreme Court brief, DOJ offers alternative read of census case facts

Mar 07 2019

Litigation often boils down to which side can arrange generally agreed-upon facts more compellingly. Victory belongs to whoever spins a better story from the same raw material.

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