Publications of Interest > Litigation > Practices : Morgan, Lewis & Bockius

02/03/12 Class Action Arbitration Waiver Rejected by Federal Appellate Court

LawFlash/Client Alert | Class Actions LawFlash
Litigation Practice

Second Circuit sidesteps Concepcion and holds that the ability to enforce federal statutory rights mandates that a plaintiff be allowed to pursue a class action in court notwithstanding the parties' agreement to mandatory arbitration.

02/03/12 Utah Supreme Court Advances Policyholder Rights

LawFlash/Client Alert | Insurance Recovery LawFlash
Richard Pearl, Paul Zevnik, Michel Horton

Utah's highest court rejects an insurance company's attempt to use the equitable doctrines of unjust enrichment and restitution to recoup an above-limits settlement payment made by the insurer in settlement of an underlying claim, holding that recoupment is only available if explicitly provided for in the insurance contract.

January 2012 2011 Year in Review: SEC and FINRA Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
E. Andrew Southerling, Shaina Stahl, Casey Cohen, Ben Indek, Julia Miller, Charles Manice, David Snider, Anne Flannery, Katarzyna Mularczyk, John Matthews, Kevin Rover, Julie Marcacci, Todd Smith, Ivan Harris, Kerry Land, Mary Dunbar, Nicholas Losurdo, Rahul Rao

This Outline highlights key U.S. Securities and Exchange Commission (the "SEC" or the "Commission") and Financial Industry Regulatory Authority ("FINRA") enforcement developments and cases regarding broker-dealers during 2011. ... more

January 2012 Co-author, Catastrophic Chemical Industry Losses—Structuring Coverage and Maximizing Recovery, Risk Management and Multiline Information, IRMI Online (read the article)

Outside Publication | Article
Christopher Loeber

January 2012 The Consumer Financial Protection Bureau: What It Is and What to Expect

Morgan Lewis Title | White Paper
Stephen Mahinka, Kenneth Kliebard, Ivan Harris, Christian Mixter, Kathleen Collins

On January 4, President Obama, via a recess appointment, installed Richard Cordray as the Director of the Consumer Financial Protection Bureau (CFPB or the Bureau). The appointment was the latest battle in what promises to be a "... more

01/18/12 Compliance Officer Liability, presented to the SRO Subcommittee of the ABA Securities Litigation Committee

Presentation | Speech
Anne Flannery, Regina Schaffer-Goldman

2011 Co-author, Personal Jurisdiction and the Internet (Chapter 12), Intellectual Property Law in Cyberspace, 2nd. Ed.

Outside Publication | Chapter
Mansi Shah

11/29/11 D&O Liability Insurance: Time to Reassess Risks and Coverage

LawFlash/Client Alert | Insurance Recovery LawFlash
Kevin Dreher, Paul Zevnik, Michel Horton

As the year comes to an end, many companies, along with their officers and board members, are considering renewals for directors and officers (D&O) insurance coverage. The coverage offered under various D&O policies var... more

11/16/11 Recent SEC Guidance and Upcoming Amendments to California and Illinois Statutes Affect Data Breach Disclosure Obligations

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Ron Dreben, Kenneth Kliebard, K. Roney, Gregory Parks, W. Reece Hirsch

Recognizing that business entities now conduct a majority of their operations with the assistance of electronic programs and databases, and that a significant amount of business and personal information may be stored electronica... more

11/16/11 What Every European Country Should Know About the FCPA and the UK Bribery Act

Presentation | Webinar
Olivier Edwards, Iain Wright, Eric Kraeutler, Jürgen Beninca

Morgan Lewis partners Jürgen Beninca, Olivier Edwards, Eric Kraeutler, and Iain Wright presented this webinar, "What Every European Company Should Know About the FCPA and the U.K. Bribery Act." The European-facing webinar... more

11/14/11 DOJ and SEC Affirm Continued Commitment to Rigorous FCPA Enforcement

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Benjamin Klein, Tiffany Johnson

At the 26th annual National Conference on the Foreign Corrupt Practices Act (FCPA), held November 8 and 9, 2011, officials from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) stressed that both ... more

11/04/11 Eleventh Circuit Holds Four Defendant Manufacturers of Beryllium-Containing Aircraft Parts Relieved of Failure-to-Warn Liability Under “Learned Intermediary” or “Sophisticated User” Doctrine

LawFlash/Client Alert | Litigation LawFlash
Steven Luxton, W. Nes

On October 21, the U.S. Court of Appeals for the Eleventh Circuit, applying Georgia law, held that four defendant manufacturers were relieved of liability for failing to warn current and former employees of Lockheed Martin Corpo... more

11/04/11 Securities Compliance and Examinations for Broker-Dealers, Advisors, and Funds, presented at the ALI-ABA Conference on Life Insurance Company Products, Washington, D.C.

Presentation | Speech
Ben Indek

10/27/11 Opening Remarks, presented at the 12th Annual A.A. Sommer, Jr. Lecture on Corporate, Securities and Financial Law, New York

Presentation | Speech
Ben Indek

10/21/11 Beware the Tower of Technobabble: Tips on Interviewing and Deposing Engineers, presented at American Intellectual Property Law Association’s Annual Meeting, Washington, DC

Presentation | Speech
Mansi Shah

10/19/11 Tenth Circuit Finds Potential Insurance Coverage for Patent Infringement Claims Under "Advertising Injury" Provisions

LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton

On October 17, the U.S. Court of Appeals for the Tenth Circuit, applying Colorado law, reversed a district court decision and held that a patent infringement claim may constitute an "advertising injury," thereby triggering, at a... more

10/18/11 Regulatory Examinations (Large Firms), presented at the National Society of Compliance Professionals 2011 National Meeting, Baltimore, MD

Presentation | Speech
Ben Indek

September 2011 Supreme Court Narrowly Interprets the Relitigation Exception of the Anti-Injunction Act, Class Action Watch (read the article)

Outside Publication | Article
James Tarter

08/23/11 Litigating Song-Beverly Credit Card Act Class Actions Post Pineda v. Williams Sonoma, presented for the San Francisco Bar Association

Presentation | Speech
Diane Webb

08/01/11 Complex Facts Require a Map, a Guide and a Story, Texas Lawyer

Outside Publication | Article
Allyson Ho

To write a clear and persuasive brief, a lawyer should provide a road map, serve as a helpful guide for complex facts and tell a powerful story. Above all, counsel should remember that the reader is a busy judge or law clerk w... more

07/27/11 The Debt Ceiling Debate: A Major Implication Ignored, Law360

Outside Publication | Article
Brad Fagg

07/11/11 The Gabon Mistrial: DOJ Prosecution of Individuals Puts Aggressive FCPA Theories Under Fire

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Kelly Moore, Kimberly Hicks

In a blow to the U.S. Department of Justice's (DOJ's) efforts to increase enforcement of the Foreign Corrupt Practices Act (FCPA) against individuals, Judge Richard J. Leon of the U.S. District Court for the District of Columbia... more

07/06/11 Texas Court of Appeals Rules Retroactive Application of Certain Minimum Medical Criteria Unconstitutional in Asbestos Case

LawFlash/Client Alert | Litigation LawFlash
Steven Luxton, Emily Shields

On June 30, Texas's First Court of Appeals ruled that retroactive application of a provision of state legislation establishing minimum medical criteria for asbestos claimants violates the Texas Constitution. Union Carbide Corp... more

06/30/11 Pennsylvania Abolishes Joint Liability with Enactment of Fair Share Act

LawFlash/Client Alert | Litigation LawFlash
Steven Luxton, Douglas Gush

On June 28, Pennsylvania Governor Tom Corbett signed the Fair Share Act (the Act) (2011 Pa. S.B. 1131) into law. The Act amends Pennsylvania's long-standing practice of joint and several liability to a several liability model t... more

06/22/11 Dukes v. Wal-Mart: Supreme Court Announces New Class Action Standards That Will Substantially Curtail Employment Discrimination Class Actions, As Well As Consumer, Antitrust, and Other Class Actions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 20, in Dukes v. Wal-Mart , the U.S. Supreme Court dealt a huge blow to plaintiffs seeking to certify employment discrimination class actions under Federal Rule of Civil Procedure 23, as well as consumer, antitrust, and ... more