Morgan Lewis

Litigation Publications of Interest

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May 2012 Best Practices on How to Avoid Pitfalls in Collaboration Deals: Insights From a Webinar with Morgan Lewis Partners, published by Merrill DataSite
(pdf)
05/08/12 Federal Circuit Sets Standard for Joinder in Multidefendant Patent Cases
For cases filed before enactment of the America Invents Act, the Federal Circuit Court of Appeals has clarified that unrelated defendants may be joined together in a single patent case only if claims are based on the same product or process.
04/25/12 Fifth Annual Advanced Topics in Hedge Fund Practices Conference: Manager and Investor Perspectives
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Related Events

05/31/12 Defending Data Security Class Actions
Kristofor T. Henning and Thomas J. Sullivan, speakers
View all events

Related News

05/08/12 Morgan Lewis Strengthens International Practice with Additional Growth in London, Expansion into Eastern Europe and Central Asia
Morgan Lewis confirmed that ten partners will join the firm's Business and Finance Practice, resident in the UK, Russia, and Kazakhstan.
05/03/12 Morgan Lewis Adds Sophisticated Litigation Team in London
Morgan Lewis today announced that Peter Sharp, Nick Greenwood and David Waldron will join the firm as partners in its Litigation Practice, resident in London.
03/22/12 HP Boots Derivative Suit Over Alleged Bribes, Law360
Morgan Lewis's representation of Hewlett-Packard Co. is discussed.
View all news

Fast Facts

  • Ranked as the most active class action practice in the United States by Law360 Litigation Almanac (2009)
  • Ranked as one of the top law firms in Corporate Counsel magazine's 2010 listing of "Who Represents America’s Biggest Companies?"
  • 10 lawyers named fellows of the American College of Trial Lawyers
  • Ranked among the top 10 leading securities firms by Securities 360
  • Chambers USA 2009 ranked six partners from the Litigation Practice in national categories, with 33 partners listed across all practice areas
  • Ted Cruz listed as one of the "50 Most Influential Minority Lawyers in America" by the National Law Journal (2008)
  • ML attorney Leslie Caldwell received the U.S. Attorney General's 2007 Award for Exceptional Service for her leadership on the Enron Task Force
  • Practice selected for The National Law Journal's 2006 "Defense Hot List"
  • One of only three firms to be listed in every edition of the BTI Consulting Group's Client Service 30
943 Publications Found
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May 2012 Best Practices on How to Avoid Pitfalls in Collaboration Deals: Insights From a Webinar with Morgan Lewis Partners, published by Merrill DataSite

Outside Publication | Article
Christopher Banks, Benjamin Smith, Rollin Chippey, II

05/08/12 Federal Circuit Sets Standard for Joinder in Multidefendant Patent Cases

LawFlash/Client Alert | Intellectual Property LawFlash
C. Erik Hawes

For cases filed before enactment of the America Invents Act, the Federal Circuit Court of Appeals has clarified that unrelated defendants may be joined together in a single patent case only if claims are based on the same product or process.

04/25/12 Court Ruling Allows Presentation of New Evidence in Civil Action

LawFlash/Client Alert | Intellectual Property LawFlash
Robert Smyth, Ph.D.

Supreme Court affirms Federal Circuit ruling allowing submission of additional evidence to obtain a patent pursuant to 35 U.S.C. § 145.

04/25/12 Fifth Annual Advanced Topics in Hedge Fund Practices Conference: Manager and Investor Perspectives

Presentation | Speech
Joanna Hendon

On April 19, 2012 Morgan Lewis parnter Joanna C. Hendon presented "When is it MNPI?" : Ethical Issues for Hedge Fund Counsel and Compliance Professionals at the Fifth Annual Advanced Topics in Hedge F... more

04/23/12 Taking A Bite Out Of Insurers' Claims Denials, Law360

Outside Publication | Article
Kevin Dreher, Christopher Loeber

04/03/12 Food Products Coverage: The Communicable Disease Exclusion Lacks Bite

LawFlash/Client Alert | Insurance Recovery LawFlash
Kevin Dreher, Christopher Loeber

State and federal courts reject efforts to categorize salmonella as a "communicable disease."

Winter 2012 Co-author, Factors For and Against MDL Coordination, ABA Mass Torts Litigation, Vol. 10, No.2

Outside Publication | Article
John Lavelle, Jr., Thomas Ayala

03/18/12 Ethical Considerations for the Compliance Department Lawyer, presented at the 2012 SIFMA Compliance & Legal Society Annual Seminar, Miami

Presentation | Speech
Ben Indek

03/18/12 Examinations from the Regulators’ Perspective, presented at the 2012 SIFMA Compliance & Legal Society Annual Seminar, Miami

Presentation | Speech
Ben Indek

03/13/12 Co-presenter, Ethics Update: Technology and Ethics, presented to Disability Rights California, Los Angeles

Presentation | Speech
Scott Garner

03/05/12 Consumer Financial Protection Bureau: What It Is, What to Expect, BNA's Daily Report for Executives

Outside Publication | Article
Stephen Mahinka, Kenneth Kliebard, Ivan Harris, Christian Mixter, Kathleen Collins, Timothy Lynch

February 2012 2011 False Claims Act Year in Review

Presentation | Webinar
Kathleen McDermott, Nathan Andrisani, Lisa Dykstra, Meredith Auten, Eric Sitarchuk, Joanna Hendon

Morgan Lewis's Nate Andrisani, Meredith Auten, Joanna Hendon, Lisa Dykstra, Katie McDermott, and Eric Sitarchuk presented this webinar discussing the most significant False Claims Act cases of 2011. more

02/22/12 Litigation Update: Addressing the Challenges of HAMP and HAFA, presented at MBA's National Mortgage Servicing Conference & Expo 2012

Presentation | Speech
Joshua Prever

February 2012 2011 FCPA Year in Review

Presentation | Webinar
Margaret Gatti, Leslie Caldwell, Alison Tanchyk, Eric Kraeutler

Morgan Lewis's Leslie Caldwell, Margaret Gatti, Eric Kraeutler, and Alison Tanchyk presented this webinar discussing the most significant FCPA-related trends and cases of 2011, as well as predictions for 2012. more

02/13/12 2011 Year in Review: Selected Federal Securities Litigation Developments

Morgan Lewis Title | White Paper
John Vassos, Brian Herman, Karen Pohlmann, Marc Sonnenfeld

Morgan Lewis is pleased to present our fourth annual review of selected decisions from the U.S. Courts of Appeal addressing private actions under the federal securities laws. We summarize below key decisions analyzing claims... more

02/10/12 Moderator, PBI Freedom of Information Act Seminar

Presentation | Speech
Meredith Auten

January/February 2012 Selecting Arbitrators in Construction & Surety Cases, National Association of Surety Bond Producers Pipeline e-newsletter

Outside Publication | Article
Michael Libor

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 Panelist, Why are Qui Tam Cases so Difficult to Resolve, presented at the ABA Criminal Justice Section Mid-Year Meeting

Presentation | Speech
Meredith Auten

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 (CFPB): What It Is and What to Expect

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

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

12/08/11 Saisir le juge civil par assignation, JurisClasseur, n°532

Outside Publication | Article
Coline Warin

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

10/01/11 Saisir le juge par declaration, JurisClasseur, n°460

Outside Publication | Article
Coline Warin

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

08/26/11 Contester une saisie-attribution, JurisClasseur, n°87

Outside Publication | Article
Coline Warin

08/26/11 Mettre en oeuvre une saisie-attribution, JurisClasseur, n°215

Outside Publication | Article
Coline Warin

08/26/11 Obtenir et liquider une astreinte, JurisClasseur, n°223

Outside Publication | Article
Coline Warin

08/26/11 Procédure ordinaire devant le tribunal de commerce, JurisClasseur, n°412

Outside Publication | Article
Coline Warin

08/26/11 Saisir les rémunérations du débiteur, JurisClasseur, n°333

Outside Publication | Article
Coline Warin

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

06/22/11 Potential Disclosure Regimes In the Hydraulic Fracturing Industry, Westlaw Journal: Environmental

Outside Publication | Article
Ronald Tenpas, Alex Polonsky

06/21/11 False Claims Act and Qui Tam Update: The Times They Are a-Changin'

Presentation | Webinar
Kathleen McDermott, Lisa Dykstra, Meredith Auten

Discussion topics included: Recent U.S. Supreme Court and Federal Court decisions involving FCA procedural and substantive challenges Dodd-Frank Wall Street Reform and Consumer Protection Act amendments and expansion o... more

06/21/11 Supreme Court Establishes Bright-Line Rule for 10b-5 Liability, But Questions Remain: Janus Capital Group, Inc. v. First Derivative Traders

LawFlash/Client Alert | Securities LawFlash
Securities Practice

On June 13, in an important victory for the investment management industry, the U.S. Supreme Court held that mutual fund adviser Janus Capital Management LLC (JCM) and its parent, Janus Capital Group, Inc. (JCG), could not be he... more

06/21/11 U.S. Supreme Court: Federal Court Could Not Enjoin State Court from Addressing Class Certification Issue

LawFlash/Client Alert | Class Actions LawFlash
Litigation Practice

In a decision with implications for companies facing class action litigation, the U.S. Supreme Court ruled unanimously that a federal district court, having rejected certification of a proposed class action, could not take the a... more

06/10/11 U.S. Supreme Court to Consider Federal Preemption in Asbestos Suit

LawFlash/Client Alert | Litigation LawFlash
Steven Luxton, Haley Pfeifer, R. (Ted) Cruz, Allyson Ho

On June 6, the U.S. Supreme Court granted certiorari in Kurns et al. v. Railroad Friction Products Corp., et al. , No. 10-879, to consider whether the Locomotive Inspection Act (LIA) (formerly the Boiler Inspection Act) preempt... more

06/08/11 U.S. Supreme Court: Investors Can Seek Class Action Status Without Proving Loss Causation

LawFlash/Client Alert | Litigation LawFlash
Karen Pohlmann, Marc Sonnenfeld

In Erica P. John Fund, Inc. v. Halliburton Co. , 563 U.S. __ (June 6, 2011), the U.S. Supreme Court resolved a split in the lower courts as to whether securities fraud plaintiffs must prove loss causation to obtain class certif... more

June 2011 Personal Emailing from Work, Orange County Lawyer

Outside Publication | Article
Scott Garner

06/01/11 Developments in California’s Song-Beverly Credit Card Act, National Law Review

Outside Publication | Article
Diane Webb

05/31/11 U.S. Supreme Court Establishes State-of-Mind Requirement for Inducing Infringement Liability

LawFlash/Client Alert | Intellectual Property LawFlash
R. (Ted) Cruz

Today, the U.S. Supreme Court issued its decision in Global-Tech Appliances, Inc., et al. v. SEB S.A. , No. 10-6 (2011), holding that to prove inducing infringement under 35 U.S.C. § 271(b) a plaintiff must prove that the ... more

05/26/11 Final Dodd-Frank Whistleblower Rules Do Not Mandate Internal Reporting; May Dramatically Reshape FCPA Enforcement

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Kelly Moore, Alison Tanchyk, Eric Kraeutler

On May 25, 2011, a divided Securities and Exchange Commission (SEC) approved final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Because t... more

05/25/11 SEC's Final Rules for Implementing Dodd-Frank Whistleblower Provisions: Important Implications for Covered Entities

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Thomas Linthorst, Sarah Bouchard

Today, the Securities and Exchange Commission (SEC or Commission) voted to approve final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), enac... more

05/17/11 U.S. Supreme Court Resolves Circuit Split: FCA Relators Cannot Base Claims on Information Received Through FOIA Requests

LawFlash/Client Alert | Litigation LawFlash
Kathleen McDermott, Daniele Capasso, Meredith Auten

The U.S. Supreme Court resolved a split among federal circuits in its May 16 ruling that the public disclosure bar of the federal False Claims Act (FCA) precludes plaintiffs from bringing claims under the FCA based on informatio... more

Spring 2011 Thoughts on Challenging Existing Precedent, ABA's Litigation, Vol. 37, No. 3

Outside Publication | Article
Bahar Shariati, Allyson Ho

04/28/11 U.S. Supreme Court: FAA Preempts State Law Rule That a Class Action Waiver in a Consumer Arbitration Clause Is Unconscionable

LawFlash/Client Alert | Litigation LawFlash
John Lavelle, Jr., Kristofor Henning, Kenneth Kliebard, Gregory Parks, Scott Schutte, J. Cooney, Jr., Joseph Duffy, Molly Lane

In AT&T Mobility, LLC v. Concepcion , No. 09-893,—U.S.—(Apr. 27, 2011), the U.S. Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) prohibits states from conditioning the enforceability ... more

04/06/11 Panelist, Insurance, ADR, and Ethics Potpourri, presented at the 26th Annual Intellectual Law Conference

Presentation | Speech
Scott Garner

04/01/11 EPA Proposes Standards for Cooling Water Intake Structures at Existing Facilities

LawFlash/Client Alert | Environmental LawFlash
Christopher McAuliffe, Ronald Tenpas

On March 28, the U.S. Environmental Protection Agency (EPA) issued proposed regulations under section 316(b) of the Clean Water Act that set standards applicable to cooling water intake structures for the protection of aquatic o... more

03/31/11 The UK Bribery Act: Long-Awaited Guidance Issued

LawFlash/Client Alert | White Collar LawFlash
Iain Wright, Dana Becker, Alison Tanchyk, Eric Kraeutler

On 30 March, the United Kingdom Ministry of Justice issued long-awaited guidance for business organisations preparing for the implementation of the UK Bribery Act (the Act), now scheduled for 1 July 2011. The Act, passed in Apr... more

03/23/11 U.S. Supreme Court: Manufacturer Can Be Sued for Failing to Disclose Adverse Reports

LawFlash/Client Alert | Securities LawFlash
Jason Wilson, Ben Indek, Christian Mixter, Jill Baisinger, Karen Pohlmann, Marc Sonnenfeld

On March 22, the U.S. Supreme Court rejected a line of lower-court cases holding that statistically insignificant adverse event reports could not be material to the reasonable investor, see In re Carter-Wallace, Inc., Sec. Li... more

March 2011 Morgan Lewis 2010 Hedge Fund Enforcement Year in Review

Morgan Lewis Title | White Paper
E. Andrew Southerling, Anne Flannery, Ivan Harris

As expected, hedge funds remained a predominant focus for the SEC's Enforcement program in 2010. The various insider trading actions arising out of the Galleon Management, LP scandal and the focus on expert networks captured ... more

03/11/11 Toys R Us Wins Class Action Verdict In California Gift Card Redemption Case, BNA's Class Action Litigation Report

Outside Publication | Article
Joseph Duffy, Viola Vetter, Gregory Parks, Ezra Church

Reproduced with permission from Class Action Litigation Report, 12 CLASS 202 (Mar. 11, 2011). Copyright 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com. more

March 2011 A Tale of Two Privilege Rules, Orange County Lawyer Magazine

Outside Publication | Article
Scott Garner

03/03/11 Pennsylvania Supreme Court Rules Attorney-Client Privilege Is a Two-Way Street

LawFlash/Client Alert | Litigation LawFlash
Victoria Miller, Marisel Acosta, Coleen Meehan

Last year, in Nationwide Mutual Insurance Company v. Fleming, the Pennsylvania Supreme Court missed an opportunity to provide guidance to lawyers and clients in Pennsylvania about whether, and to what extent, the attorney-cl... more

02/28/11 Kwikset Lowers Pleading Standard on UCL Mislabeling Cases, But Effects on Class Certification in California Remain an Open Question, BNA's Product and Safety Reliability Reporter (also appeared in BNA's Class Action Litigation Report - 4/22/11)

Outside Publication | Article
Scott Schutte, J. Cooney, Jr., Molly Lane

02/17/11 SEC and FINRA 2010 Year in Review

Presentation | Webinar
E. Andrew Southerling, Anne Flannery

2010 was an active year of securities regulation and enforcement for the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). This webinar presented a timely discussion of the SE... more

02/16/11 Top SEC Enforcement Issues for Public Companies, presented at the 29th Annual Institute on Federal Securities, Miami

Presentation | Speech
Christian Bartholomew

02/09/11 If I Sue You, Will You Be My Friend? Discovery and Use of Social Networking Information, DRI's The Voice

Outside Publication | Article
John Lavelle, Jr.

02/01/11 Bribery Act Implementation Further Delayed

LawFlash/Client Alert | White Collar LawFlash
Iain Wright, Dana Becker, Eric Kraeutler

On 31 January 2011, the United Kingdom Ministry of Justice confirmed a further delay in the implementation of the UK Bribery Act (the Act). The Act, which was scheduled to come into effect in April 2011, has been delayed pendin... more

02/01/11 California Supreme Court Further Clarifies Pleading Requirements for Standing Under the UCL in the Wake of Proposition 64

LawFlash/Client Alert | Class Actions LawFlash
Kristofor Henning, Scott Schutte, J. Cooney, Jr., Joseph Duffy, Molly Lane

In Kwikset Corp. v. Superior Court of Orange County (Benson) , ___ Cal. Rptr. 3d ___, No. S171845, 2011 WL 240278 (Jan. 27, 2011), the Supreme Court of California held that consumers who allege that a product's allegedly decept... more

02/01/11 Regulatory Risk Management at the NSCP - SEC Training Day, Washington, D.C.

Presentation | Speech
Ben Indek

January 2011 2010 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Michael Kraut, Anne Flannery, Ben Indek, Christian Mixter, Kerry Land, David Snider, Mary Dunbar, Kevin Rover, E. Andrew Southerling, Julia Miller

This Outline highlights selected U.S. Securities and Exchange Commission (the "SEC" or the "Commission"), Financial Industry Regulatory Authority ("FINRA") and NYSE Euronext enforcement actions and developments regarding broker-... more

01/26/11 Manhattan District Attorney Promises Broader Use of the Martin Act in Combating Financial Fraud and Vows to Fight for Tougher Penalties

LawFlash/Client Alert | White Collar LawFlash
Martha Stolley

In his first speech at the New York City Bar Association since his election, Manhattan District Attorney Cyrus R. Vance, Jr. said that he would expand his office's use of the Martin Act, New York's securities fraud statute, in ta... more

01/26/11 OIG Exclusions and Individual Accountability: Key Developments for Executives in 2010 Will Have a Lasting Impact in 2011 and Beyond, BNA's Health Care Fraud Report

Outside Publication | Article
Margaret Rodgers Schmidt, Howard Young, Lisa Dykstra

01/11/11 Co-presenter, Preserving the Attorney-Client Privilege: Tips for Corporate Counsel, presented at the Orange County Bar Association Corporate Counsel Section

Presentation | Speech
Scott Garner, Jennifer Bagosy

12/30/10 Novel Monitorship Agreement Avoids Violations of French Blocking Statute

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Kelly Moore, Shevon Scarafile

The U.S. Department of Justice (DOJ) on December 27 entered into a deferred prosecution agreement (DPA) with Alcatel-Lucent, S.A. that includes a unique monitorship approach designed to ensure compliance with France’s b... more

12/22/10 SEC Enters Into First Nonprosecution Agreement as Part of Its New Cooperation Initiative

LawFlash/Client Alert | Securities LawFlash
Ivan Harris, Ben Indek, Christian Mixter, Meredith Auten

On December 20, the Securities and Exchange Commission (SEC or the Commission) announced that it had entered into the first nonprosecution agreement under its year-old cooperation initiative. more

2008 Panelist, “Trying a Patent Case In The Southern District of New York," 2008 ABA Annual Meeting

Presentation | Speech
Asheesh Puri

12/02/10 Working with Expert Consultants: Procedures for Controlling Material Non-Public Information (MNPI)

Presentation | Webinar
Thomas Harman, Leslie Caldwell, Robert Mendelson, Michael Kraut

11/22/10 Executive Order Creates Export Enforcement Coordination Center

LawFlash/Client Alert | Cross-Practice Alert
Alex Polonsky

On November 9, President Obama signed Executive Order 13558 requiring the Secretary of Homeland Security to create an interagency "Federal Export Enforcement Coordination Center" (Center). As its name implies, the Center will c... more

11/16/10 Retail Brokerage and Advisory Issues, presented at the SIFMA Compliance and Legal Society 2010 Fall Compliance and Legal Seminar, New York

Presentation | Speech
Ben Indek

11/05/10 Commercial General Liability Insurance: Coverages, Claims, and Key Issues, presented at the National Constitution Center

Presentation | Speech
Kevin Dreher

11/02/10 Enforcement Workshop, presented at the 2010 NSCP National Membership Meeting, Baltimore, Maryland

Presentation | Speech
Ben Indek

10/14/10 Policyholder’s Litigation Costs Are Recoverable in Defending Against Excess Insurer’s Declaratory Relief Coverage Action

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

On October 1, a New York appellate court held in RLI Ins. Co. v. Smiedala [1] that an insured who prevailed in a declaratory relief coverage action brought by its excess insurer could ... more

10/08/10 California Court of Appeals Limits Defenses Available to Insurers in Multiple-Insurer and Third-Party Coverage Cases

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

The California Court of Appeals for the First District recently issued an opinion that effectively limits the defenses available to insurers in multiple-insurer and third-party coverage cases. The court in Howard v. American N... more

October 2010 Insuring ESOP Fiduciaries, ESOP Report

Outside Publication | Article
Theodore Becker

Fall 2010 Exceptions to Federal jurisdiction Under CAFA, ABA Class Actions & Derivative Suits Newsletter, Vol. 21, No. 1

Outside Publication | Article
Kristin Hadgis, Thomas Sullivan

09/28/10 Policyholders May Not Be Limited to Cumis “Insurer Rates” If Defense Costs Are Not Timely or Fully Paid

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

A recent California decision has held that an insurer may not take advantage of a California mechanism for forcing an attorney's fees arbitration on its insured [1] if the insurer breached i... more

09/16/10 Guidance on Anti-Bribery Procedures to Be Adopted by Relevant Commercial Organisations

LawFlash/Client Alert | White Collar LawFlash
Litigation Practice

The United Kingdom Ministry of Justice has commenced the consultation process on the nature and substance of the guidance that it is to issue with regards to the policies and procedures that commercial organisations can use to p... more

09/14/10 FCPA Mid-Year Webinar Series: FCPA and the Pharmaceutical Industry

Presentation | Webinar
Kelly Moore, Alison Tanchyk

The final program of the series, "FCPA and the Pharmaceutical Industry," focused on implications of the Foreign Corrupt Practices Act in the pharmaceutical industry. Topics included: Overview of the FCPA and the 2010... more

09/14/10 Patent Claims Against Retailers

Morgan Lewis Title | White Paper
David Levy, C. Erik Hawes

In recent years, the frequency of patent infringement claims against some retailers has been steadily rising. This is certainly not an industrywide trend, as the total number of patent cases filed against the country’s 50... more

09/13/10 State Supreme Court Finds Duty to Defend in Excess Policy

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In an opinion of interest to any company with excess liability coverage, the Wisconsin Supreme Court recently held in Johnson Controls, Inc. v. London Market [1] that an excess insurer has... more

09/10/10 Insurance Law Essentials: CGL and Property Coverages, Excess, and Reinsurance, presented at the National Constitution Center

Presentation | Speech
Kevin Dreher

09/09/10 FCPA Mid-Year Webinar Series: A Focus on FCPA Investigations

Presentation | Webinar
Leslie Caldwell, Eric Kraeutler

This webinar, "A Focus on FCPA Investigations," discussed the most important issues regarding FCPA investigations. Topics included: When is an FCPA investigation necessary? How much investigation is enough? Ove... more

08/25/10 Pennsylvania Supreme Court: General Liability Insurers Have No Right to “Recoup” Defense Costs from Their Insureds

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

On August 17, a unanimous Pennsylvania Supreme Court handed down a decision important not only for Pennsylvania, but potentially for many other states as well. In American and Foreign Insurance Company v. Jerry's Sport Center,... more

08/23/10 California Appellate Court: Insurer Must Defend Insured In Alternative Dispute Resolution

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In an important decision, a California appellate court recently held in Clarendon American Insurance Co. v. StarNet Insurance Co . ( StarNet ) [1] that an insurer was required to defend i... more

08/23/10 Heeding the Warning: Increased International Scrutiny of the Pharmaceutical and Medical Device Industry

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Jürgen Beninca, Tiffany Johnson, Michael Masling

The Department of Justice (DOJ) under the Obama administration has announced on more than one occasion that it is targeting the healthcare industry for Foreign Corrupt Practices Act (FCPA) investigations, with a particular focus... more

2010 Hey, Your Tree Is Shading My Solar Panels: California's Solar Shade Control Act, Journal of Sustainable Real Estate, Vol. 2 (read the article)

Outside Publication | Article
Taylor Day

August 2010 2010 Mid-Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Michael Kraut, Anne Flannery, Ben Indek, Kerry Land, Patrick Conner, David Snider, Mary Dunbar, Kevin Rover, E. Andrew Southerling, Julia Miller

This Outline highlights selected U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) and Financial Industry Regulatory Authority (“FINRA”) enforcement actions and developmen... more

08/03/10 Update on New Uses for Utility Securitization Bonds

LawFlash/Client Alert | Securitization LawFlash
Business and Finance Practice

In recent months, we have alerted clients and friends to the possible new uses of utility securitization bonds in the face of rising capital costs related to, among other things, climate change legislation, renewable portfolio s... more

July 27 & 29, 2010 Foreign Corrupt Practices Act (FCPA): 2010 Mid-Year Review

Presentation | Webinar
Iain Wright, Eric Sitarchuk

Morgan Lewis presented a four-part webinar series that reviewed the most significant FCPA trends of 2010 so far, discussed predictions for the remainder of the year, explored anticipated industrywide investigations, and provided... more

07/26/10 Financial Reform Act Creates Whistleblower Provisions Likely to Increase FCPA Enforcement

LawFlash/Client Alert | White Collar LawFlash
Alison Tanchyk, Eric Kraeutler

The Financial Reform Act includes whistleblower protections that may increase the reporting of FCPA violations, and provides incentives for reporting information relating to the violation of securities laws.

07/20/10 Appeals Court Finds Even the Word “Insured” Can Be Ambiguous in a Directors and Officers Policy

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Corporate mergers and acquisitions often result in the creation of new companies, the disappearance of old companies, the transfer of stock between shareholders, and the creation of boards of directors to effectuate a transactio... more

07/20/10 Timetable for Implementation of UK Bribery Act Released

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Iain Wright, Eric Kraeutler

The United Kingdom Ministry of Justice today announced that the UK Bribery Act, including the new strict liability corporate offence of failing to prevent bribery, will come into effect in April 2011. This is later than origina... more

07/19/10 Landmark Legislation Gives SEC New Enforcement Capability

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
E. Andrew Southerling, Patrick Conner

The newly approved financial reform bill contains new measures expanding the SEC’s enforcement authority and strengthening its oversight and regulatory authority over the nation’s securities markets.

07/19/10 Only Client-to-Attorney Communications Protected Pending Pennsylvania Supreme Court Review of Statutory Attorney-Client Privilege

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

In a case of interest to companies undergoing or pursuing litigation in Pennsylvania state court, the Supreme Court of Pennsylvania has agreed to tackle again the issue of whether the attorney-client privilege protects communica... more

06/28/10 Bilski: High Court Rejects Strict Test for Patentability of Method Claims

LawFlash/Client Alert | Intellectual Property LawFlash
Intellectual Property Practice

Unanimously holding that the claimed invention directed to methods of risk hedging in commodities trading was not patentable, the U.S. Supreme Court today issued its much-anticipated decision in In re Bilski . A 5-4 majority o... more

06/28/10 Honest Services Fraud Disarmament: Supreme Court Dismantles Government’s Prosecution Arsenal by Limiting Application of Statute

LawFlash/Client Alert | White Collar LawFlash
Matthew Hogan, Nathan Andrisani, Alison Tanchyk, Eric Sitarchuk

On June 24, the U.S. Supreme Court issued rulings in three significant cases involving honest services fraud under 18 U.S.C. § 1346, which purported to criminalize behavior that deprives another of "the intangible right of ... more

06/21/10 Directors & Officers Liability Insurance: Updates and Trends for 2010, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

06/18/10 U.S. Supreme Court Rules in Quon: Employee Text Messages Not Shielded from Employer Review

LawFlash/Client Alert | eData LawFlash
eData Practice

In a much-anticipated opinion in the Quon [1] matter, on June 17 the U.S. Supreme Court declined to set precedent on broad issues of employee privacy expectations in workplace communicatio... more

06/14/10 The Stored Communications Act: District Court Issues First Opinion on Privacy Protection for Information on Social Networking and Web Hosting Sites

LawFlash/Client Alert | eData LawFlash
eData Practice

In a recent decision involving stored electronic communications held by third-party social networking sites Facebook and MySpace, Inc. (MySpace) and web hosting provider Media Temple, Inc. (Media Temple), Judge Margaret Morrow o... more

06/07/10 Congress Set to Arm SEC with Increased Enforcement Capability

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Litigation Practice

The U.S. financial reform legislation that recently passed in the Senate and House is expected, after reconciliation in joint committee, to bring a new expansion of SEC market oversight, including collateral bars for securities laws violators, new whistleblower incentives and protections, and increased regulation of municipal securities.

06/07/10 Dialogue with Area Regulators, presented at the NSCP East Coast Regional Membership Meeting

Presentation | Speech
Ben Indek

06/04/10 New Information Requirements for Government Contractors: FAR Amendments Implement New Contractor Database

LawFlash/Client Alert | White Collar LawFlash
Barbara Van Gelder

Under new requirements effective April 22, government contractors must now submit to the government information regarding past criminal, civil, and administrative proceedings when bidding for a contract or grant. Along with oth... more

06/02/10 Manhattan District Attorney’s Office First to Issue Guidelines for Criminal Charges Against Organizations

LawFlash/Client Alert | White Collar LawFlash
Martha Stolley

In a move that appears to be the first of its kind by any state prosecutor's office, on May 28, the Manhattan District Attorney's Office (the DA's Office) issued guidelines to prosecutors on the filing of criminal charges agains... more

06/02/10 TechFlash: Personal Sensitive Data, Discoverable ESI in Digital Copiers?

LawFlash/Client Alert | eData LawFlash
eData Practice

On April 19, CBS Evening News correspondent Armen Keteyian reported on the risks associated with information stored in digital copiers that may persist even after the machines have been sold or returned to a leasing company. Mo... more

June 2010 "Everything Old Is New Again": Supreme Court Affirms Gartenberg Standard in Unanimous Decision in Jones v. Harris Associates L.P., The Investment Lawyer, Vol. 17, No. 6

Outside Publication | Article
Thomas Harman, Kathleen Long, Christian Mixter, Christopher Menconi, Patrick Conner

June 2010 Co-author, The Uncertainty Surrounding the State of the Law of Ethical Screens, OC Lawyer

Outside Publication | Article
Scott Garner

May 2010 The New UK Regime on Bribery: An Introduction

Morgan Lewis Title | White Paper
Iain Wright, Eric Kraeutler

A fundamental change in the UK law on bribery will occur later this year, when the Bribery Act 2010 (the Act) is expected to come into effect. The Act has far-reaching implications, not just for UK-based entities, but also for ... more

May 2010 White Collar Crime: Preparing for Enhanced Enforcement, Deloitte Forensic Center's ForThoughts

Outside Publication | Article
Eric Kraeutler

05/18/10 California Court of Appeal Decision Increases Options for Many Policyholders to Maximize Coverage at Less Cost for Progressive Injury Losses

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The California Court of Appeal, Second Appellate District, recently issued a decision in Legacy Vulcan Corp. v. Superior Court of Los Angeles , 2010 WL 1730788 (Apr. 30, 2010), that makes it easier for policyholders to access c... more

05/17/10 EPA Issues Final Rule Tailoring Greenhouse Gas Permitting Requirements Under the Clean Air Act

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On May 13, the Environmental Protection Agency (EPA) issued a final rule (Tailoring Rule) that addresses Clean Air Act (CAA) permitting requirements for greenhouse gas (GHG) emissions. EPA's Tailoring Rule-the fourth action in ... more

05/14/10 The Beginning and End of the Claims Process: From Inception of the Dispute to Resolution and Payment, presented at the Spring 2010 DOECAA Conference, Kansas City, MO

Presentation | Speech
Brad Fagg

05/13/10 Co-presenter, Certifications of Insurance and Additional Insured Provisions: Managing Risk in Commercial Agreements and Insurance Contracts, presented at the National Constitution Center

Presentation | Speech
Kevin Dreher, Michael Derksen

05/07/10 Handling a Regulatory Investigation II, presented at the SIFMA Compliance & Legal Society 2010 Annual Seminar, Washington, D.C.

Presentation | Speech
Michele Coffey

05/06/10 Conflicts Management, presented at the SIFMA Compliance and Legal Society 2010 Annual Seminar, National Harbor, Maryland

Presentation | Speech
Ben Indek

05/06/10 Understanding Control Risks, presented at the SIFMA Compliance & Legal Society 2010 Annual Seminar, Washington, D.C.

Presentation | Speech
Anne Flannery

05/05/10 Ruling on Confirmatory Discovery: Defendant’s Attorney Must Be Present During Collection of ESI

LawFlash/Client Alert | eData LawFlash
eData Practice

During a recent telephone conference regarding a discovery dispute in Roffe v. Eagle Rock Energy GP, et al., C.A. No. 5258-VCL (Del. Ch. Apr. 8, 2010), Vice Chancellor Laster ruled from the bench that confirmatory discovery-like ... more

05/03/10 Ignorance Is Not Bliss: Court Sanctions Client and Counsel for Unfamiliarity with Data Systems

LawFlash/Client Alert | eData LawFlash
eData Practice

According to the U.S. Bankruptcy Court for the Southern District of New York, a lack of bad faith is no longer a defense to court sanctions for failure to produce documents in a timely manner. That court, in In re A&M Flor... more

Spring 2010 Waiver of Otherwise Privileged Communications by Use of Workplace Computer Equipment and Systems, ABA Business Torts Journal, Vol. 17, No. 3

Outside Publication | Article
Diane Webb

04/30/10 Co-author, Class Certification: Wave of Stricter Standards Reaches Ninth Circuit Shores, San Francisco Daily Journal

Outside Publication | Article
Patrick Ryan

04/27/10 Healthcare Reform Law and Mandatory Compliance Programs

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Scott Memmott, Howard Young

With the passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care Education Reconciliation Act of 2010 (the Healthcare Reform Law), Congress for the first time has mandated that a broad ra... more

04/27/10 The high cost of consumer rebates, Retailing Today (read the article)

Outside Publication | Article
Richard Pearl

04/21/10 New 50% Tax Credit/Cash Grant for Life Science Companies Requires Timely Determination of Eligibility and Application

LawFlash/Client Alert | Tax LawFlash
Gary Wilcox

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), provides for a valuable new 50% tax credit or equivalent cash grant, for... more

04/19/10 Healthcare Reform Law: Comparative Effectiveness Provisions Concerning Healthcare Products and Services

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Stephen Mahinka

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains provisions supporting the development of comparative effectiven... more

04/19/10 Internet Law Update, presented at a Pennsylvania Bar Institute CLE Event

Presentation | Speech
Scott Milner

04/15/10 Healthcare Reform Law: A New Regulatory Pathway for Biosimilar Biological Products

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo, Phoebe Mounts

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), establishes an abbreviated licensure pathway for biosimilar biological p... more

04/15/10 Healthcare Reform Law: Impact on Pharmaceutical Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), will have a number of direct and indirect effects on pharmaceuti... more

04/15/10 Proposed Rewards for FCPA Whistleblowers Raise Risk for Multinational Corporations

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Leslie Caldwell, Lisa Tenorio-Kutzkey

Amid heightened interest in FCPA investigations, the proposed whistleblower legislation will require corporations to implement new and upgrade existing FCPA compliance programs, fully investigate allegations of misconduct, and consider more carefully whether to self-report FCPA violations.

April 2010 Back to the Future: Civil RICO in Off-Label Promotion Litigation, Defense Counsel Journal

Outside Publication | Article
John Lavelle, Jr., Bahar Shariati, J. Cooney, Jr.

04/14/10 Healthcare Reform Law Leads to Significant Changes to the 340B Program

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), provides for a number of significant revisions to the existing 3... more

04/14/10 Immediate Healthcare Reform Law Issues for Group Health Plans Come Into Sharper Focus

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Saghi Fattahian, Andy Anderson

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), creates a number of immediate issues for employer group health plans. Some o... more

04/13/10 Healthcare Reform Law Imposes New Tax and Other Requirements for Device Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
M. Elizabeth Bierman, Michele Buenafe

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), presents a number of new issues for medical device manufacturers. Devic... more

04/13/10 Healthcare Reform Law: Issues Affecting Hospitals and Health Systems

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andrew Ruskin, Albert Shay

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes substantial changes that will affect how hospitals of all types... more

04/12/10 Louisiana Court Denies Applicability of Policy Exclusions in “Chinese Drywall” Claims

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

In a recent decision regarding insurance coverage for claims related to allegedly defective "Chinese drywall," a Louisiana court found that certain policy exclusions that have been routinely utilized by insurance companies as a ... more

04/09/10 Healthcare Reform Law Cuts Medicare Advantage Payments and (Mostly) Increases Prescription Drug Program Payments

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Joyce Cowan

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (Healthcare Reform Law) makes substantial changes to the Medicare Part C Medicare Advantage (MA) and M... more

04/09/10 Insurance Challenges: What Every Intellectual Property Lawyer Should Know about Legal Malpractice Insurance, Litigation, Sanctions, and Ethical Violations, presented at the 25th Annual Intellectual Property Law Conference, Arlington, Virginia

Presentation | Speech
Scott Garner

04/08/10 Environmental Warranties for Carbon Emissions: New Regulations and Developing Legal Trends, presented at a Strafford Publications Teleconference

Presentation | Speech
Troy Brown

04/07/10 Healthcare Reform Law Requires Reasonable Break Times and Locations for Nursing Mothers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Michael Ossip

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes a provision that requires employers to provide covered employee... more

04/06/10 No Sacred Cow: DOJ Turns Up the Heat on Competition Issues in the American Agriculture Industry

LawFlash/Client Alert | White Collar and Antitrust LawFlash
Nathan Andrisani, Alison Tanchyk, Eric Sitarchuk

During the first in a series of unprecedented joint workshops between the U.S. Department of Justice (DOJ) and the U.S. Department of Agriculture (USDA), held on March 12, Assistant Attorney General of the Antitrust Division Chr... more

04/05/10 Judge Rosenthal Analyzes Standards for Sanctions in Cases of Spoliation

LawFlash/Client Alert | eData LawFlash
eData Practice

In her recent opinion in Rimkus v. Cammarata , [1] Judge Lee Rosenthal of the U.S. District Court for the Southern District of Texas, widely regarded as a leading authority on electronic di... more

April 2010 Regrets: When Full Disclosure to Co-author, Insurer of Potential Claims Comes Back to Bite the Law Firm and the Insurer, presented at the 25th Annual Intellectual Property Law Conference

Presentation | Speech
Jennifer Bagosy, Scott Garner

03/31/10 Healthcare Reform Law: Healthcare Fraud and Abuse and Program Integrity Provisions

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott, Meredith Auten

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains more than 32 sections related to healthcare fraud and abuse and... more

03/31/10 New Jersey Employee Had Reasonable Expectation of Privacy in Attorney-Client Communications Exchanged Through a Personal Email Account Accessed on a Company Computer

LawFlash/Client Alert | Cross-Practice Alert
Labor and Employment, eData, and Litigation Practices

On March 30, the New Jersey Supreme Court affirmed the Appellate Division of the Superior Court's decision in Marina Stengart v. Loving Care Agency, Inc. , [1] and held that an employee has... more

03/30/10 False Claims Act Qui Tam Defense: Employment Releases Not Presumptively Void for Public Policy under the False Claims Act

LawFlash/Client Alert | FDA and Healthcare LawFlash
Kathleen McDermott, Meredith Auten

For False Claims Act actions, the Fourth Circuit has followed the Ninth Circuit and adopted a public policy balancing test to hold that employment releases are not presumptively void for public policy, when challenged to bar dec... more

03/29/10 Healthcare Reform Law Delivers New Transparency Requirements for the Health Industry

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law) provides for a number of new transparency requirements for several health ... more

03/29/10 U.S. District Court Issues First Reported Decision Regarding Coverage of Defective "Chinese Drywall"

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The first reported decision on insurance coverage for policyholders facing claims and lawsuits arising from allegedly defective "Chinese drywall" was issued by the U.S. District Court in the Eastern District of Virginia on March... more

March 2010 SEC Interpretive Guidance Addresses Climate-Change Disclosure Requirements, The Environmental Counselor, Issue 259

Outside Publication | Article
Ronald Tenpas, Bobbi O'Connor, Howard Kenny, Linda Griggs, Deborah Quick

03/25/10 Healthcare Reform Law and Its Impact on Business: Ongoing Information and Analysis from Morgan Lewis

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Patient Protection and Affordable Care Act (the Healthcare Reform Law) that President Obama signed intlaw on March 23 contains a large number of provisions that will significantly affect businesses in the coming months and y... more

03/09/10 Pennsylvania Supreme Court Leaves in Limbo Applicability of Attorney-Client Privilege to Communications from Attorney to Client

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

On January 29, an evenly split Supreme Court of Pennsylvania left standing the state Superior Court's controversial 2007 decision in Nationwide Mutual Insurance Company v. Fleming , which denied protection under the Pennsylvani... more

03/05/10 Directors & Officers Liability Insurance: 2009 Claim Trends and 2010 Forecast, hosted by the National Business Institute

Presentation | Speech
Kevin Dreher

03/04/10 Foreign Corrupt Practices Act Webinar Series: A Focus on FCPA Investigations

Presentation | Webinar
Kelly Moore, Leslie Caldwell, Lisa Tenorio-Kutzkey

As a part of its Foreign Corrupt Practices Act Webinar series, Morgan Lewis presented "A Focus on FCPA Investigations." This webinar reviewed the most significant FCPA-related trends and cases of 2009 and discussed predictions ... more

03/04/10 Utah Court Dismisses State’s Complaint in Average Wholesale Price Litigation

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

On February 26, a Utah state court dismissed, with prejudice, a complaint brought by the Utah Attorney General (AG) against pharmaceutical companies alleging fraud in the setting of Average Wholesale Price (AWP). The Utah court ... more

03/01/10 Occupational Safety and Health Administration Issues High Injury and Illness Notification Letters

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

The Occupational Safety and Health Administration (OSHA) recently sent letters to approximately 15,000 employers, notifying them that OSHA's data shows that their worksites reported among the highest Days Away, Restricted, and T... more

02/25/10 Developments and Trends in Securities Fraud Enforcement, presented at the ABA's 24th Annual National Institute on White Collar Crime, Miami Beach, FL

Presentation | Speech
Leslie Caldwell

02/25/10 Enforcement Developments Regarding Broker-Dealers, Law360 Guest Column

Outside Publication | Article
Ben Indek, Michael Kraut

02/25/10 Handling the Sexual Harassment Case, presented at a Pennsylvania Bar Institute CLE Event

Presentation | Speech
Scott Milner

02/25/10 Using the Rules of Criminal Procedure to Your Advantage, presented at the ABA's 24th Annual National Institute on White Collar Crime, Miami Beach, FL

Presentation | Speech
Meredith Auten

02/23/10 Securities Litigation Developments In 2009, Law360 Guest Column

Outside Publication | Article
Brian Herman, Karen Pohlmann

02/19/10 Ethics in Government Investigations, presented at the 15th Annual Professionalism and Ethics Seminar co-sponsored by the Delaware State Bar Association and the St. Thomas More Society

Presentation | Speech
Colm Connolly

02/17/10 The Proposed IRS Policy Change: Its Impact on Corporate Governance and Corporate Litigation Risk Management Webinar

Presentation | Webinar
William Colgin, Jr., Thomas Kellerman, John Hemann, Marc Sonnenfeld

02/16/10 A Revised Lacey Act: Criminal Exposure from Trading in Illegal Wood Products, BNA's Daily Environment Report

Outside Publication | Article
Ronald Tenpas

02/16/10 The Department of Justice Creates an Intellectual Property Task Force to Combat the Rise in Intellectual Property-Related Crimes

LawFlash/Client Alert | Litigation LawFlash
Colm Connolly

On February 12, the U.S. Department of Justice (DOJ) announced the creation of an Intellectual Property Task Force (Task Force) to target domestic and international intellectual property (IP) related crimes. According to U.S. At... more

02/11/10 Contractual Risk Transfer: Understanding, Managing, and Negotiating Risk Transfer Provisions in Commercial Agreements and Insurance Contracts, presented at the National Constitution Center

Presentation | Speech
Kevin Dreher

02/11/10 Same Targets, Different Firing Squad: New York Authorities Pursue Off-Label and Federal Fraud and Abuse Recoveries from Healthcare Industry

LawFlash/Client Alert | Litigation LawFlash
Kelly Moore, Alison Tanchyk, Eric Sitarchuk

Recent pronouncements from the New York Office of the Medicaid Inspector General (OMIG) confirm the OMIG will likely join federal prosecutors and the New York Attorney General's Office in aggressively pursuing off-label and othe... more

02/11/10 The SEC Speaks 2010: Fast-Paced Reform Continues in 2010

LawFlash/Client Alert | Securities LawFlash
E. Andrew Southerling, Patrick Conner

In her opening remarks before the annual "SEC Speaks" conference on February 5 in Washington, D.C., Securities and Exchange Commission (SEC or the Commission) Chairman Mary Schapiro underscored that 2009 was a year of significan... more

02/08/10 Offense, Defense, Common Sense: Preparing for a New Age of White Collar Investigations and Litigation, presented at a Deloitte webcast

Presentation | Speech
Eric Kraeutler

With white collar investigations and litigation on the rise, how can your company, its executives, and its board operate effectively while possibly avoiding litigation? How can you prepare for potential litigation while staying f... more

January 26, 2010 & February 4, 2010 Foreign Corrupt Practices Act Webinar Series: 2009 FCPA Year in Review

Presentation | Webinar
Nathan Andrisani, Eric Kraeutler

As a part of its Foreign Corrupt Practices Act Webinar series, Morgan Lewis presented "2009 FCPA Year in Review." This webinar reviewed the most significant FCPA-related trends and cases of 2009 and discussed predictions for 20... more

02/04/10 SEC Interpretive Guidance Addresses Climate Change Disclosure Requirements

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On February 2, the Securities and Exchange Commission (SEC) issued interpretive guidance [1] for public companies regarding the application of the SEC's existing disclosure requirements to c... more

02/03/10 Panelist, Why are Qui Tam Cases so Difficult to Resolve, presented at the ABA Criminal Justice Section Mid-Year Meeting

Outside Publication | Speech
Meredith Auten

02/03/10 State consumer fraud laws: When is a ‘new’ item considered ‘used?’, Chain Store Age (click here to read the article)

Outside Publication | Article
Gregory Parks, Richard Pearl

Winter 2010 Practical Considerations for Responding to Government Formatting Requests Relating to Paper Document Collections, ABA's Criminal Litigation, Vol. 10, No. 2

Outside Publication | Article
Colm Connolly, Jason Belmont Conn

February 2010 The New Frontier of Cross-Border Enforcement, Environmental Law Institute's News & Analysis

Outside Publication | Article
Ronald Tenpas

01/29/10 Zubulake Judge Defines Discovery Duties and Spoliation Negligence Standards

LawFlash/Client Alert | eData LawFlash
eData Practice

In an amended order subheaded " Zubulake Revisited: Six Years Later," Judge Shira A. Scheindlin (SDNY), author of the seminal Zubulake opinions, outlines the standards of conduct expected of litigants and counsel engaged in d... more

01/29/10 U.S. Court Compels Discovery of German Personal Information

LawFlash/Client Alert | eData LawFlash
eData Practice

In AccessData Corporation v. ALSTE Technologies GmbH , 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010) the U.S. District Court for the District of Utah, Central Division, compelled the production of personal information abou... more

01/28/10 2009 Year In Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

The Morgan Lewis Securities Litigation and Enforcement Practice has published an outline highlighting selected U.S. Securities and Exchange Commission (SEC or the Commission), Financial Industry Regulatory Authority (FINRA), and... more

January 2010 2009 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Kerry Land, Anne Flannery, Kevin Rover, David Snider, Ben Indek, Michael Kraut, Kurt Rademacher, Julia Miller

This outline highlights selected U.S. Securities and Exchange Commission (the “SEC” or the “Commission”), Financial Industry Regulatory Authority (“FINRA”), and NYSE Regulation enforcement ac... more

01/28/10 2009 Year in Review: Selected Federal Securities Litigation Developments

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

Morgan Lewis is pleased to present our second annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws. We summarize below key decisions analyzi... more

January 2010 2009 Year in Review: Selected Federal Securities Litigation Developments

Morgan Lewis Title | White Paper
Michelle Ferreri, Karen Pohlmann, Elizabeth Frohlich, Brian Herman, John Vassos, Gayle Gowen

Morgan Lewis is pleased to present our second annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws. We summarize below key decisions analyzi... more

01/28/10 Guidance on Investigations in the Nuclear Industry Webinar

Presentation | Webinar
Stephen Spina, Timothy Matthews, Charles Thebaud, Jr.

During this one-hour webinar, Energy attorneys from our Nuclear, FERC, and White Collar Practices highlighted some of the changes to our updated Guidance on Investigations and discussed how these can be applied on a practical lev... more

01/27/10 New LPL Practice Area Risks Arising from the Subprime Crisis and Credit Crunch: Structured Finance, Securities, and Real Estate, presented at the American Conference Institute's 2nd National Forum on LPL/Legal Malpractice, New York,

Presentation | Speech
Scott Garner

01/26/10 Feds Must Learn Difference Between Poor Decisions and Fraud, Daily Business Review

Outside Publication | Article
Ivan Harris

01/22/10 The Department of Justice Goes Undercover to Enforce the FCPA

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Nathan Andrisani

The U.S. Department of Justice (DOJ) continues to ramp up its aggressive anticorruption enforcement efforts. That message was loudly reinforced this week when DOJ announced the indictments and arrests of 22 individuals from 15 ... more

01/15/10 What Litigators Need to Know About Blackberries, iPhones, and Smart Phones in eDiscovery, presented at an ExecSense's CLE webcast program

Presentation | Speech
Scott Milner

January 2010 Co-presenter, Conflicts of Interest and Attorney-Client Privilege in Internal Investigations, presented at Westlaw/Thomson-Reuters-sponsored CLE Programs for in-house attorneys in San Diego, Irvine, and Los Angeles

Presentation | Speech
Jennifer Bagosy

01/06/10 Antitrust Policy: Convergence and Coordination, Los Angeles Daily Journal

Outside Publication | Article
Patrick Ryan

Winter 2010 Unprotected Ground: The Plight of Small Island Nations, New York International Law Review, Vol. 23, No. 1

Outside Publication | Article
Shaina Stahl

12/23/09 The Financial Crisis Inquiry Commission: FCIC Announces Dates for First Public Hearing

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Fred Fielding

Yesterday the Financial Crisis Inquiry Commission (FCIC or the Commission), the bipartisan 10-member panel established by Congress to examine the causes of the financial crisis and the events surrounding the September 2008 finan... more

12/17/09 EPA Finds That Carbon Dioxide and Other Greenhouse Gases Constitute a Threat to Public Health and Welfare

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On December 7, the Environmental Protection Agency (EPA or Agency) announced that six greenhouse gases taken in combination endanger both public health and welfare. The Agency also found that the combined emissions of these gre... more

12/16/09 District Court Holds that Emails on Workplace Computer Enjoy Attorney-Client Privilege

LawFlash/Client Alert | eData LawFlash
eData Practice

On December 10, the District Court for the District of Columbia ruled that email exchanges between an employee and his outside counsel were protected by the attorney-client privilege even though those exchanges involved the use ... more

12/15/09 French Blocking Statute Still Gets No Respect from U.S. Court

LawFlash/Client Alert | eData LawFlash
eData Practice

On October 28, 2009, the U.S. Bankruptcy Court for the District of Delaware held in the matter of In re Global Power Equipment Group, Inc. , No. 06-11045, 2009 WL 3464212 (Bkrtcy. D. Del., Oct. 28, 2009) ( Global Power ), that ... more

12/11/09 Directors' and Officers' Liability Insurance: Current Topics and Key Issues, presented for Lorman Education Services

Presentation | Speech
Kevin Dreher

2009 Conducting Internal Investigations, presented at the 2009 Institute at Wharton, Ft. Lauderdale, FL

Presentation | Speech
E. Andrew Southerling

December 2009 Co-author, U.S. v. Ruehle: An Example of the Frailty of California's Presumption of Attorney-Client Confidentiality, Orange County Lawyer Magazine

Outside Publication | Article
Scott Garner

December 2009 Professionalism and Ethics Committee, Orange County Lawyer Magazine

Outside Publication | Article
Scott Garner

11/18/09 FCPA’s Road Less Traveled? The Travel Act Extends Justice Department’s Anti-Corruption Reach, Corporate Counsel Weekly, Vol. 24, No. 44 (see 11/6/2009 BNA listing to view the article)

Outside Publication | Article
Brian Privor

11/18/09 Retail Brokerage and Advisory Issues: New Products, New Problems?, presented at the SIFMA Compliance & Legal Division 2009 Fall Compliance Seminar, New York

Presentation | Speech
Ben Indek

11/18/09 The FCIC Names Five Senior Staff Members and Prepares to Proceed

LawFlash/Client Alert | Litigation LawFlash
Fred Fielding

The Financial Crisis Inquiry Commission (FCIC or the Commission), the bipartisan entity appointed by Congress to explore the events surrounding the September 2008 financial market meltdown, announced yesterday the appointment of... more

11/16/09 A Trap for the Unwary? Discovery Plan Crafted Under Rule 26(f) No Guarantee against Privilege Waiver

LawFlash/Client Alert | eData LawFlash
eData Practice

In a recent decision, a magistrate judge in a U.S. District Court in New Jersey ruled that a discovery plan crafted pursuant to Federal Rule of Civil Procedure 26(f) did not protect the plaintiff's inadvertent production of priv... more

11/16/09 Battle Weary Life Sciences Industry Put on Notice

LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Litigation Practice

On November 12, the Justice Department's Assistant Attorney General for the Criminal Division, Lanny Breuer, issued a stern warning to the life sciences industry and its executives. As the country wrestles with the challenges o... more

11/13/09 Federal Rules’ Proportionality Standard Employed to Blunt Excessive Document Demand

LawFlash/Client Alert | eData LawFlash
eData Practice

Federal Rule of Civil Procedure 26(b)(2)(C) provides that a court " must limit the frequency or extent of discovery otherwise allowed . . . if it determines that: (i) the discovery sought is unreasonably cumulative or duplicat... more

11/10/09 Co-presenter, Conflicts of Interest and Attorney-Client Privilege in Internal Investigations, presented at the Orange County Bar Association Corporate Counsel Section

Presentation | Speech
Jennifer Bagosy

11/06/09 FCPA’s Road Less Traveled? The Travel Act Extends Justice Department’s Anti-Corruption Reach, BNA's White Collar Crime Report, Vol. 4, No. 23

Outside Publication | Article
Brian Privor

11/05/09 How to Handle an Internal Investigation Without Getting Burned, presented at the Pennsylvania Business Lawyers' Institute

Presentation | Speech
Colm Connolly

11/02/09 Litigators Beware: Late Reporting of Payments to Medicare Claimants May Result in Significant Penalties and Double Payments

LawFlash/Client Alert | Cross-Practice Alert
Litigation, Labor and Employment, FDA and Healthcare, and Employee Benefits Practices

If you, like many litigators, saw the word "Medicare" in the title above and were about to hit the "delete" button, please stop and read further-this alert has important information for you. As their January 1, 2010 effectiv... more

11/02/09 Tritium Exit Signs: REGULATORY ACTION TAKEN

LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices

If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Dem... more

10/30/09 Courts Reject Application of FERA’s Retroactivity Provision to Pending “Cases”

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

Since the Fraud Enforcement and Recovery Act of 2009 (FERA) was signed into law by President Obama on May 20, three federal courts have rejected the application of FERA's retroactivity provision to "cases" pending on June 7, 200... more

10/30/09 Critical Steps for Effective Environmental Crisis Management, presented at the Delaware Valley Area Association of Corporate Counsel's (DELVACCA’s) Institute Series

Presentation | Speech
Colm Connolly

10/30/09 Massachusetts Supreme Court Expands Toxic Tort Liability; Rejects Single Controversy Rule

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

On October 19, the Massachusetts Supreme Judicial Court (SJC) expanded toxic tort liability to encompass medical monitoring claims while at the same time rejecting application of the "single controversy" rule in such cases. Don... more

10/22/09 Case Within a Case: Patent Litigation Meets Business Torts, presented at the Orange County Patent Law Association

Presentation | Speech
Scott Garner

10/20/09 EPA to Increase Clean Water Act Enforcement Activities

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On October 15, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson described the agency's plan to increase enforcement efforts under the Clean Water Act. In testimony before the U.S. House Committee on Tran... more

10/15/09 EPA Announces Guidance Relating to PCBs in Caulk of Buildings Constructed or Renovated Between 1950 and 1978

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 25, the Environmental Protection Agency (EPA) announced new guidance for school administrators and building managers with recommendations for managing polychlorinated biphenyls (PCBs) in caulk and information to hel... more

10/13/09 E-Discovery in Employment Litigation, Cost-Saving Strategies for Preserving, Obtaining and Protective Electronically Stored Information, presented as a Strafford Webinar

Presentation | Webinar
Scott Milner

10/13/09 Managing Risk Through Commercial Agreements and Insurance Contracts: Indemnification Agreements, Additional Insured Provisions, and Certificates of Insurance, presented at the National Constitution Center

Presentation | Speech
Kevin Dreher

10/08/09 EPA Unveils New Framework for Chemical Management Reform

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

During a September 30 speech in San Francisco, Environmental Protection Agency (EPA) Administrator Lisa Jackson announced EPA's plan to work with Congress on legislation that would strengthen the Toxic Substances Control Act of ... more

10/07/09 EPA Releases Proposal to Regulate Greenhouse Gases Under the Clean Air Act’s Title V and PSD Programs

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 30, the U.S. Environmental Protection Agency (EPA) issued a proposal describing how it intends to regulate greenhouse gas (GHG) emissions under the Clean Air Act's (CAA) Title V and Prevention of Significant Deterio... more

10/02/09 Second Circuit Rules that Climate Change Nuisance Action May Proceed Under “Federal Common Law”

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 21, the U.S. Court of Appeals for the Second Circuit reinstated two lawsuits filed by eight states, New York City, and three environmental groups that allege that the carbon dioxide emissions from six electric pow... more

Fall 2009 Motions in Limine: How Far Can They Reach? Association of Business Trial Lawyers, ABTL Report, Vol. 19, No. 1

Outside Publication | Article
Diane Webb

09/30/09 The First 48 Hours: Critical Decisions to Get Right During an Environmental Crisis

Presentation | Webinar
John McAleese, III, Ronald Tenpas, Jonathan Snare

09/29/09 Economic Analysis in Antitrust Class Certification: A New Emphasis, presented for a Cornerstone Research breakfast panel discussion, San Francisco

Presentation | Speech
Patrick Ryan

09/25/09 The Financial Crisis Inquiry Commission: The FCIC’s First Public Meeting and Its Path for the Future

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice Amy Conway-Hatcher

The first public meeting of the Financial Crisis Inquiry Commission (FCIC), held last week in Washington, D.C. on the anniversary of the collapse of the financial markets, emphasized the significant challenges and the enormou... more

09/24/09 Current SEC Enforcement Proceedings and Civil Securities Litigation Against Accountants: SEC Valuation Cases, Tellabs, Stoneridge, Sen. Specter, and Aiding and Abetting Liability

Presentation | Webinar
Bernard Garbutt III, Christian Mixter

09/24/09 EPA Issues Mandatory Reporting of Greenhouse Gases Rule

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 22, the Administrator of the U.S. Environmental Protection Agency (EPA) issued the Mandatory Reporting of Greenhouse Gases (GHGs) Rule. EPA had proposed this rule on March 10 of this year and solicited comments fro... more

09/24/09 Foreign Corrupt Practices Act (FCPA) 2009 Mid-Year Review Webinar

Presentation | Webinar
Kelly Moore, Lisa Tenorio-Kutzkey, Eric Kraeutler

FCPA enforcement remains a top priority for the federal government in 2009. High-profile trials—and convictions—have made headlines, and upcoming trials and the pipeline of new cases suggest that the trend of increase... more

09/16/09 Report on Foreign Bank and Financial Accounts (FBAR), presented at the 2009 ABA Mid-Year Tax Conference, Chicago

Presentation | Speech
William Zimmerman

09/08/09 Tritium Exit Signs: UPDATE

LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices

If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Dem... more

September 2009 Houston Office Litigation Brochure

Marketing Material | Brochure

09/03/09 Congressional Scrutiny of Health Insurers Heating Up: Renewed Focus and Implications of Recent Requests for Executive Compensation and Financial Practices

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

Congressional oversight committees have recently intensified their investigations into the business practices of the health insurance industry. Health insurers who have been targeted by oversight committees should be poised&nbs... more

September 2009 The Ever-Widening Legal Morass Around Off-Label Communication, Washington Legal Foundation's Contemporary Legal Note Series, No. 63 (click here to read the article)

Outside Publication | Article
Kathleen Sanzo, Sandra Phillips, Sarah Bouchard

08/31/09 Ninth Circuit Announces New Protocols for the Government’s Handling of Electronic Evidence

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Lisa Tenorio-Kutzkey, Peter Buscemi, Nathan Andrisani, Jonathan Fritts, John Hemann, Jonathan Light

On August 26, the U.S. Court of Appeals for the Ninth Circuit issued its decision in United States v. Comprehensive Drug Testing, Inc. The result is an extremely positive development for employers concerned with protecting th... more

08/13/09 Washington Spotlight on the Financial Services Industry

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice Amy Conway-Hatcher

Members of the bipartisan Financial Crisis Inquiry Commission (FCIC) will soon meet for the first time to consider how best to accomplish the sweeping directives mandated by the Fraud Enforcement and Recovery Act of 2009 (FERA),... more

08/10/09 KCH Services, Inc. v. Vanaire, Inc.: Duty to Preserve Triggered by a Phone Call

LawFlash/Client Alert | eData LawFlash
eData Practice

On July 21, the U.S. District Court for the Western District of Kentucky in KCH Services, Inc. v. Vanaire, Inc. , 2009 WL 2216601 (W.D. Ky. July 21, 2009) granted the request of plaintiff KCH Services, Inc. (KCH) for an adverse... more

08/03/09 Ho-Chuan Chen and Hossein Barahimi v. Linda Dougherty: Reduction in Attorney’s Hourly Rate Due to Inexperience in eDiscovery

LawFlash/Client Alert | eData LawFlash
eData Practice

On July 7, the U.S. District Court for the Western District of Washington significantly reduced the attorney's fees in an employment discrimination case due to the inexperience of plaintiffs' counsel in handling issues pertainin... more

08/03/09 Avoiding Criminal Penalties Under the Lacey Act: A Word of Warning for Retailers on Environmental Regulation, Chain Store Age (click here to read the article)

Outside Publication | Article
Ronald Tenpas

July 2009 2009 Mid-Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Anne Flannery, Ben Indek, Michael Kraut

This outline highlights selected U.S. Securities and Exchange Commission (the “SEC” or the “Commission”), Financial Industry Regulatory Authority (“FINRA”), and NYSE Regulation enforcement ac... more

July 2009 Caveat Obsido: New Red Flag for Investors in Foreign Businesses

Morgan Lewis Title | White Paper
Fred Fielding

The recent conviction of wealthy investor Frederic Bourke by a federal jury in New York reaffirms that the U.S. government’s anti-corruption enforcement program, led by the Fraud Section of the Department of Justice, conti... more

07/17/09 As Courts Assess Impact of New FCA Amendments, Senate Looks Toward Making Further Changes

LawFlash/Client Alert | Litigation LawFlash
Meredith Auten

The Fraud Enforcement and Recovery Act of 2009 (FERA) has already begun to make its mark. In the less than two months following its passage, at least two courts have issued opinions interpreting and applying FERA's amendments to... more

07/15/09 An Interdisciplinary Approach to the Credit Crisis: The Overlap of Securities, Bankruptcy & Criminal Law, presented at a New York City Bar Association Program

Presentation | Speech
Brian Herman

07/15/09 Cross-Border Webinar for the Financial Services Sector

Presentation | Webinar
Beth Kiesewetter, Carsten Horter, Steven Stone

We have witnessed an increase in enforcement action against firms for the mishandling of client information and security breaches. This webinar discussed developments in the United States and Europe which affect financial institu... more

July 2009 North American Free Trade Agreement: Customs and Trade Rules In a Nutshell

Morgan Lewis Title | White Paper
Mark Bravin

On October 7, 1992, President George H.W. Bush of the United States, President Carlos Salinas de Gortari of Mexico, and Prime Minister Brian Mulroney of Canada witnessed the initialing of the North American Free Trade Agreement... more

07/09/09 Directors & Officers Liability, Indemnification, and Insurance: An Assessment of the Current D&O Claims Environment, presented at the National Constitution Center

Presentation | Speech
Kevin Dreher

07/06/09 Marina Stengart v. Loving Care Agency, Inc.: Personal Information on Company-Issued Assets May Not Be Company Property

LawFlash/Client Alert | eData LawFlash
eData Practice

On June 26, the Appellate Division of the Superior Court of New Jersey held in Marina Stengart v. Loving Care Agency, Inc., et al., Docket No. A-3506-08T1 (Superior Ct. N.J. – Appellate Division June 26, 2009), that an emp... more

July 2009 When Worlds Collide: Suggested Best Practices for Navigating European Data Protection Laws in U.S. Litigation

Morgan Lewis Title | White Paper
Denise Backhouse, Stephanie Blair

With the rise of globalization, the multinational corporation is now a well-established fixture on the corporate landscape. Whether the corporation is based in the United States, with operations abroad, or headquartered oversea... more

06/30/09 House Approves Climate Bill

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On June 26, the House of Representatives passed the American Clean Energy and Security Act of 2009 (H.R. 2454), major legislation addressing energy and climate change policy. Known commonly as the Waxman-Markey bill, the 1,300-... more

06/27/09 Mentoring our South Asian Sisters: She Wins, You Win!, presented at the 2009 NASABA Convention, Vancouver, BC

Presentation | Speech
Mansi Shah

06/25/09 The Fraud Enforcement and Recovery Act of 2009: A New Day has Dawned for the False Claims Act Webinar

Presentation | Webinar
Barbara Van Gelder, Kathleen McDermott, Meredith Auten

The Fraud Enforcement and Recovery Act (FERA), recently signed into law by President Obama, includes the most comprehensive amendments to the federal False Claims Act (FCA) since 1986. Morgan Lewis's FCA team discussed these subs... more

06/23/09 Supreme Court to Resolve the Scope of the FCA’s Jurisdictional “Public Disclosure Bar”

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Kathleen McDermott, Meredith Auten, Eric Sitarchuk

On June 22, 2009, the United States Supreme Court issued certiorari in Graham County Soil & Water Conservation District v. United States ex rel. Wilson , No. 08-304, in order to resolve a circuit split on the question of "[... more

06/22/09 RealNetworks, Inc. v. DVD Copy Control Association: Preservation Triggers and Terminated Employees

LawFlash/Client Alert | eData LawFlash
eData Practice

On May 5, the U.S. District Court for the Northern District of California, in RealNetworks, Inc. v. DVD Copy Control Association , 2009 WL 1258970 (N.D. Cal. May 5, 2009), granted DVD Copy Control Association's (DVD CCA's) moti... more

06/19/09 Pennsylvania Supreme Court Dismisses Appeal in Bugosh, Postpones Addressing Whether to Adopt Restatement (Third) of Torts Standard

LawFlash/Client Alert | Litigation LawFlash
John Lavelle, Jr.

Those who had awaited the Pennsylvania Supreme Court's ruling in Bugosh v. I.U. North America Inc ., No. 7 WAP 2008, to answer whether the court would adopt Section 2 of the Restatement (Third) of Torts in place of Section 402A... more

06/18/09 Co-author, Who Knows?, Los Angeles/San Francisco Daily Journal

Outside Publication | Article
Scott Garner

June 2009 Co-author, Protecting Privilege in a Global Business Environment, ACC Docket

Outside Publication | Article
Jennifer Bagosy

06/05/09 2 Years After Tellabs: 'Core Operations' Pleading, Law360

Outside Publication | Article
A. Lauren Carpenter, Karen Pohlmann

06/04/09 D&O Liability Insurance Update: Current Issues and Trends, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

06/02/09 Securities Act Claims of "National importance," Complinet

Outside Publication | Article
Brian Herman, A. Ross

June 2009 Electronic Discovery Now: Collaboration Changes Everything, The Legal Intelligencer

Outside Publication | Article
Stephanie Blair

June 2009 Third Circuit Court of Appeals Addresses Significant Issues in Securities Fraud Suit, Insights, Vol. 23, No. 6

Outside Publication | Article
Jill Baisinger, Karen Pohlmann, Jason Wilson

05/26/09 SEC and FINRA Enforcement in 2009 Year-to-Date: The Handcuffs Are Off

LawFlash/Client Alert | Securities Hot Topics
Michael Kraut

The market disruptions and alleged large-scale Ponzi schemes that occurred in the second half of 2008 led some government officials and commentators alike to call for increased securities enforcement activity. This year both th... more

05/26/09 Supreme Court Holds that Rule 8 Pleading Standard Announced in Twombly Applies to “All Civil Actions”

LawFlash/Client Alert | Litigation LawFlash
Timothy Katsiff

On May 18, 2009, in Ashcroft v. Iqbal, No. 07-1015 ,[1] the United States Supreme Court settled a two-y... more

05/21/09 'Spreading the Wealth?' Issues Arising from Foreign Trading, Foreign Plaintiffs, and the Foreign Corrupt Practices Act, presented at NERA on the Road 2009—Finance, Law & Economics Seminars

Presentation | Speech
Bernard Garbutt III

05/20/09 Fraud Enforcement and Recovery Act Signed into Law

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Meredith Auten

Earlier today, President Obama signed into law the Fraud Enforcement and Recovery Act of 2009 (FERA) (S. 386). Overwhelmingly supported by both chambers of Congress, FERA is intended to strengthen and enhance the arsenal of cri... more

05/13/09 Removability of Securities Act Class Actions

LawFlash/Client Alert | Securities Hot Topics
Brian Herman, A. Ross

As a result of recent developments, defendants have new tools to remove from state court class actions brought under the Securities Act of 1933 (Securities Act).  Section 22(a) of the Securities Act creates concurrent ... more

05/13/09 Safe Harbor Protection Unavailable to Company with No Retention Program

LawFlash/Client Alert | eData LawFlash
eData Practice

The Federal Rules of Civil Procedure include what has been termed a “safe harbor” from sanctions in Rule 37. Rule 37(e) states that “[a]bsent exceptional circumstances, a court may not impose sanctions under t... more

05/11/09 Administration Budget for 2010 Signals Expanding Environmental and Workplace Safety Enforcement

LawFlash/Client Alert | Environmental LawFlash
Litigation Practice

The Obama administration’s budget, publicly released on May 7, includes $10.5 billion for the U.S. Environmental Protection Agency (EPA), the largest budget allocation for the agency in its 39-year history. Under the prop... more

May 2009 Favoring Arbitration: The California Supreme Court's Ruling in Schatz v. Allen Matkins, Orange County Lawyer Magazine

Outside Publication | Article
Jennifer Bagosy

05/07/09 Defense Counsels’ Perspectives on Cooperation, presented at the ABA Section of Business Law’s National Institute on Internal Corporate Investigations and In-House Counsel, Washington, D.C.

Presentation | Speech
Eric Sitarchuk

05/07/09 Third Circuit Court of Appeals Addresses Significant Issues in Securities Fraud Suit

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

On April 30, a unanimous panel of the Third Circuit Court of Appeals issued an opinion by Chief Judge Scirica, largely upholding the lower court’s dismissal of a shareholder lawsuit against Avaya, Inc. and certain officer... more

05/06/09 U.S. Supreme Court Limits Extent of “Arranger” Liability and Upholds Apportionment of Liability Under CERCLA

LawFlash/Client Alert | Environmental LawFlash
Litigation Practice

On May 4, the U.S. Supreme Court issued its decision in Burlington Northern & Santa Fe Railway Co. v. United States , a closely watched case involving fundamental issues of “arranger” liability and apportioning... more

May 2009 Corporate Liability: Anti-Bribery Laws in Europe: A Review of Developments in 2008 & 2009, Bloomberg European Law Journal, Vol. 3, No. 5

Outside Publication | Article
Jürgen Beninca

04/30/09 Senate Passes Bill to Protect the Economic Recovery from the "Scourge of Fraud"

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Meredith Auten

On April 28, the Senate overwhelmingly passed (by a vote of 92 to 4) the Fraud Enforcement and Recovery Act of 2009 (FERA) (S. 386). While FERA has yet to pass in the House of Representatives and be signed into law by President... more

04/30/09 The Eastern District of Texas: Still Alive with Patent Litigation, presented at a Morgan Lewis Seminar, Palo Alto

Presentation | Speech
David Levy, Paul Krieger

The Eastern District of Texas remains among the most active venues for patent litigation cases. As venue transfer laws and shrinking litigation budgets present new challenges, defendants must be aware of the best strategies to me... more

04/24/09 Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Will Effectively Eliminate Strict Liability in Defective Design and Inadequate Warning Cases

LawFlash/Client Alert | Litigation LawFlash
John Lavelle, Jr.

As the tort bar waits for the Pennsylvania Supreme Court’s ruling in Bugosh v. I.U. North America Inc. to answer the court’s question of whether it should apply Section 2 of the Restatement (Third) of Torts in p... more

04/23/09 Identifying Litigation Risks for Healthcare and Pharmaceutical Companies, presented for the Delaware Valley Area (DELVACCA) Chapter

Presentation | Speech
Erica Smith-Klocek, Meredith Auten

04/23/09 The Delaware Court of Chancery Adds Voluntary Arbitration to Its ADR Options

LawFlash/Client Alert | Litigation LawFlash
Carlos Montoya, Colm Connolly

Intent on maintaining its status as the legal domicile of choice for business organizations, Delaware is now extending to such entities the option of voluntary arbitration in the state’s Court of Chancery. With the passag... more

April 2009 Private Agreements for the Transfer of Discovery from the European Union (co-author), IBA International Litigation News

Outside Publication | Article
Matthew Kalinowski

03/31/09 UK Publishes Draft Anti-Bribery Bill

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

The UK Government put forward its draft Bribery Bill on 25 March 2009. The Bill closely follows the recommendations and draft proposals made by the Law Commission in its final report "Reforming Bribery", which was published on 20... more

03/30/09 Supervisory Responsibilities, presented at the NSCP East Coast Regional Conference, Boston

Presentation | Speech
Ben Indek, Michele Coffey

03/27/09 California Supreme Court Clarifies "Pollution Exclusion," Finds Coverage for Mitigation Activities, and Reaffirms Doctrine of "Concurrent Causation"

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Earlier this month in a sweeping victory for policyholders, the California Supreme Court unanimously clarified several important issues on insurance coverage for environmental liabilities. State of California v. Allstate Insuran... more

03/23/09 EPA Proposes Greenhouse Gases Reporting Rule

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On March 10, the U.S. Environmental Protection Agency (EPA) released a proposed rule for the Mandatory Reporting of Greenhouse Gases (GHGs). This rule was authorized by the FY2008 Consolidated Appropriations Act, which directed... more

03/23/09 Regulatory Securities Examinations and Inquiries: The Firm’s Perspective, presented at the SIFMA Compliance and Legal Division 2009 Annual Seminar, Phoenix, AZ

Presentation | Speech
Ben Indek

03/18/09 Back to Basics: FINRA Issues 2009 Examination Priorities

LawFlash/Client Alert | Securities Industry FYI
Ben Indek, Mark Fitterman, Jennifer Klass, John Ayanian

On March 9, the Financial Industry Regulatory Authority (FINRA) issued its annual communication to member firms outlining its 2009 Examination Priorities. FINRA’s 2009 letter highlights a number of issues that have gained... more

03/12/09 False Claims Act Year in Review, presented at the Pennsylvania Bar Institute's 15th Annual Health Law Institute

Presentation | Speech
Eric Sitarchuk

03/11/09 False Claims and Criminal Liability Under TARP, presented at a Washington Legal Foundation webcast

Presentation | Speech
Barbara Van Gelder

03/10/09 Pennsylvania Supreme Court Determines that Preliquidation Payments Made to Policyholders Do Not Constitute Voidable Preferences Under the Pennsylvania Insurance Liquidation Statute

LawFlash/Client Alert | Insurance Recovery LawFlash
Jason Komorsky, David Harbaugh

On February 23, the Supreme Court of Pennsylvania ruled on an important insurance coverage question—one that has been addressed infrequently by courts throughout the country: Can the liquidator of an insolvent insurance c... more

03/05/09 Contractual Risk Transfer: Understanding, Managing, and Negotiating Risk Transfer Provisions in Commercial Agreements and Insurance Contracts, presented at a National Constitution Center Audio Conference

Presentation | Speech
Kevin Dreher

03/05/09 U.S. Supreme Court Ruling in Wyeth v. Levine Rejects Preemption of Failure-to-Warn Claim

LawFlash/Client Alert | Litigation LawFlash
Brian Shaffer, Phoebe Mounts, David Schrader, John Lavelle, Jr., Sandra Phillips, Joan Haratani, James Pagliaro, Kathleen Sanzo

In a highly anticipated decision, the U.S. Supreme Court has rejected a pharmaceutical manufacturer's argument that federal approval preempts state law failure-to-warn claims relating to FDA-approved prescription drugs. By a v... more

03/04/09 Hello Allison, Goodbye Goldberg, published in ABA's National Institute on White Collar Crime Conference Materials

Outside Publication | Article
Barbara Van Gelder, Tiffany Johnson

2009 Asbestos Fraud Should Lead to Fairness: Why Congress Should Enact the Fairness in Asbestos Injury Resolution Act, Maryland Law Review Vol. 69, Issue 1

Outside Publication | Article
Elise Gelinas

February 2009 2008 Year in Review: Selected Federal Securities Litigation Developments

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

This is our inaugural annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws. We summarize key decisions analyzing claims by private litigants un... more

February 2009 2008 Year in Review: Selected Federal Securities Litigation Developments

Morgan Lewis Title | White Paper
Karen Pohlmann, Elizabeth Frohlich, Brian Herman, John Vassos

This is our inaugural annual review of selected decisions from the United States Courts of Appeal addressing private actions under the federal securities laws. We summarize below key decisions analyzing claims by private litiga... more

02/25/09 Cartel Enforcement In The Current Climate, Law360

Outside Publication | Article
Nathan Andrisani

January/February 2009 FINRA Steps Up AML Enforcement Efforts to Target Suspicious Activity Monitoring, NSCP Currents

Outside Publication | Article
Ivan Harris

02/24/09 International Business: Corruption Laws Reach Further Than Many Companies Believe, Daily Business Review

Outside Publication | Article
Brian Privor, Ivan Harris

02/23/09 Delaware Supreme Court Addresses Breach of Fiduciary Duty Claims

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

On January 27, 2009, the Delaware Supreme Court issued a significant opinion clarifying certain legal principles applicable to claims against directors and officers and expressly limiting application of the doctrine of sharehol... more

02/23/09 What’s Good for the Goose Is Good for the SEC: A Government Agency Initiating Litigation Is Bound by the Same Discovery Standards as Defendants

LawFlash/Client Alert | eData LawFlash
eData Practice

In a recent opinion, District Judge for the Southern District of New York Shira Scheindlin held that government agencies initiating civil litigation are bound to abide by the discovery mandates of the Federal Rules of Civil Pro... more

02/19/09 Foreign Corrupt Practices Act (FCPA) Year in Review Webinar

Presentation | Webinar
Kelly Moore, Nathan Andrisani, Eric Kraeutler

02/12/09 Developments in SEC Enforcement: The Foreign Corrupt Practices Act, presented at the 27th Annual Institute on Federal Securities, Miami

Presentation | Speech
Christian Bartholomew, Brian Privor

02/12/09 New SEC Chairman Schapiro Pledges Swift and Vigorous Enforcement

LawFlash/Client Alert | Securities LawFlash
E. Andrew Southerling, Patrick Conner

In her opening address before the annual “SEC Speaks” conference on February 6, new Securities and Exchange Commission (SEC or the Commission) Chairman Mary L. Schapiro pledged to reinvigorate the Commission’s... more

02/10/09 Make a Successful Lateral Move in a Partnership Year, The Legal Intelligencer (click here to read the article)

Outside Publication | Article
Meredith Auten

02/10/09 TARP Oversight Agency Promises Vigorous Civil and Criminal Enforcement, Raising Risk of False Claims Act Liability for Claimants of Federal "Bailout" Funds

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Meredith Auten

On December 22, 2008, Morgan Lewis released a Litigation LawFlash discussing the risk of False Claims Act (FCA) liability for claimants of federal "bailout" funds under the recently enacted Emergency Economic Stabilization Act o... more

2009 2009 eData Deskbook

Morgan Lewis Title | Deskbook
eData Practice

Morgan Lewis's eData Practice has prepared the first eData Deskbook , a practical guide to understanding the best discovery methods and federally mandated court requirements for electronic discovery. As a national thought-l... more

02/05/09 2008 SEC and SRO Enforcement Year in Review, Complinet

Outside Publication | Article
Anne Flannery, Ben Indek, Michael Kraut

01/28/09 California Supreme Court Denies Review of First Appellate District's Decision in Conte v. Wyeth Regarding Liability of Brand-Name Drug Manufacturer for Injuries Experienced by Patient Who Took Generic Drug

LawFlash/Client Alert | Litigation LawFlash
Kathleen Waters, John Lavelle, Jr., David Schrader

On January 21, the California Supreme Court declined to review the decision issued by the California Court of Appeal for the First Appellate District in Conte v. Wyeth (Case Nos. A116707, A117353; California Supreme Court No.... more

01/27/09 Tritium Exit Signs: Urgent Action Required

LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices

If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in the future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Demand f... more

01/21/09 2008 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

As it has done over the last several years, the Securities Litigation and Enforcement Practice has published an outline highlighting selected U.S. Securities and Exchange Commission (SEC or the Commission), Financial Industry R... more

January 2009 2008 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Anne Flannery, Ben Indek, Michael Kraut

This outline highlights selected U.S. Securities and Exchange Commission ("SEC" or the "Commission"), Financial Industry Regulatory Authority ("FINRA"), and NYSE Regulation enforcement actions and developments regarding broker-d... more

01/21/09 Anti-Corruption Laws in Europe: A Review of 2008

Presentation | Webinar
Jürgen Beninca

01/15/09 D.C. Circuit Approves Costly and Burdensome Subpoena Request on Nonparty

LawFlash/Client Alert | eData LawFlash
eData Practice

In one of the few appellate-level decisions addressing the scope of eDiscovery subpoena compliance, the U.S. Court of Appeals for the D.C. Circuit ruled on January 6, 2009 that a nonparty had to comply with a stipulated discove... more

2009 False Claims Act and Health Care Reimbursement, presented as an American Bar Association Webinar

Presentation | Speech
Eric Sitarchuk

2009 Health Care Fraud: Forecast for Enforcement 2009, presented to the ABA White Collar Crime Subcommittee

Presentation | Speech
Eric Sitarchuk

Winter 2009 Little Things that Can Make a Big Difference, ABA's Criminal Justice Section Newsletter, Vol. 17, Issue 2 (click here to read the article)

Outside Publication | Article
Meredith Auten

12/22/08 Risk of False Claims Act Liability for Claimants of Federal “Bailout” Funds

LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Meredith Auten

On October 3, 2008, the Emergency Economic Stabilization Act of 2008 (EESA) was signed into law. The EESA authorized the Secretary of the Treasury to purchase troubled assets with taxpayer funds up to a limit of $700 billion. T... more

12/18/08 Siemens Settles Landmark FCPA Enforcement Case and Agrees to $800 Million in Fines and Penalties

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice Amy Conway-Hatcher

On December 15, Siemens AG and three of its subsidiaries pleaded guilty to criminal violations of the Foreign Corrupt Practices Act (FCPA) for paying more than $1 billion in bribes to foreign government officials worldwide. As ... more

12/10/08 Tracker Impact Analysis: FINRA Provides Guidance on Obtaining Credit for Extraordinary Cooperation, Complinet

Outside Publication | Article
Namita Mani, David Snider, Michael Kraut

12/05/08 FINRA Provides Guidance on Obtaining Credit for Extraordinary Cooperation

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

Earlier this week, the Financial Industry Regulatory Authority (FINRA) publicly announced factors it will consider in determining whether to give firms and individuals credit for extraordinary cooperation. FINRA Regulatory Noti... more

12/03/08 Eastern District of Pennsylvania Court First to Assess “Reasonableness” Under New Federal Evidence Rule

LawFlash/Client Alert | eData LawFlash
eData Practice

As reported in our September 22 eData LawFlash, “Newly Adopted Federal Rule Attempts to Address Privilege and Work Product Waiver Concerns,” Federal Rule of Evidence 502 was enacted on September 19, 2008 “to l... more

12/02/08 Directors & Officers Liability Insurance Claims Updates & Trends, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

Winter 2008 Remedies Available to Patent Holder, The Advocate

Outside Publication | Article
Rick Rambo, David Levy, Preetam Shingavi

November 2008 EPA Revises Definition of Solid Waste to Encourage Recycling of Hazardous Secondary Materials

Morgan Lewis Title | White Paper
William Pufko, Kenneth Rubin, John McAleese, III, Michael Steinberg

On October 30, 2008, the United States Environmental Protection Agency (EPA) published a final rule revising the definition of “solid waste” to exclude certain hazardous secondary materials from regulation under Subt... more

11/11/08 Retail Brokerage and Advisory Issues, presented at the SIFMA Compliance and Legal Division 2008 Fall Compliance Seminar, New York

Presentation | Speech
Ben Indek

11/04/08 Financial Turmoil and the Expanding Reach of the FCPA

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

The current worldwide financial crisis may lead to unexpected results for U.S. businesses and individuals in their efforts to comply with the Foreign Corrupt Practices Act (FCPA). As foreign governments bail out, and in some in... more

11/03/08 The Consumer Product Safety Improvement Act of 2008: Deputizing State Attorneys General and Plaintiffs’ Lawyers

LawFlash/Client Alert | Litigation LawFlash
Kathleen Sanzo, Joan Haratani

On August 14, President Bush signed the Consumer Product Safety Improvement Act of 2008 (the Act), imposing more stringent standards for consumer product safety. The Act specifically addresses children’s products that may... more

10/21/08 The Regulatory Enforcement Process, presented at the 2008 NSCP National Membership Meeting, Philadelphia

Presentation | Speech
Ben Indek

10/20/08 Conflicts of Interest, presented at the NSCP National Membership Meeting 2008, Philadelphia

Presentation | Speech
Ivan Harris

10/17/08 Defending an SEC Administrative Proceeding, presented at the ALI-ABA Webcast on SEC and State Enforcement and Litigation

Presentation | Speech
Christian Mixter

10/17/08 Disclosure, Management Practices, and Corporate Governance Relating to Climate Change Financial Risks

LawFlash/Client Alert | Climate Change Alert
Business and Finance Practice

Recent action by the Attorney General of the State of New York will affect how public companies disclose and address climate change financial risks. On August 27, 2008, the Attorney General announced a settlement agreement with... more

10/17/08 SEC Administrative Enforcement Litigation in FY 2008, presented at the ALI-ABA Webcast on SEC and State Enforcement and Litigation

Presentation | Speech
Christian Mixter

10/15/08 SEC Lifts the Veil on Its Enforcement Process by Publishing Enforcement Manual

LawFlash/Client Alert | Securities LawFlash
Ivan Harris, Ben Indek, Christian Mixter

In an effort to make its processes more transparent, last week the SEC made public its Division of Enforcement Manual. Substantial sections of the 122-page manual will be familiar to veterans of the Division of Enforcement, bec... more

10/05/08 The Emergency Economic Stabilization Act of 2008: Impact of the Historic New Law

LawFlash/Client Alert | Business and Finance LawFlash
Business and Finance Practice

The Emergency Economic Stabilization Act of 2008 (the “Act”) was signed into law by President Bush on October 3, 2008. Passage of the Act was the result of intense debate in both the U.S. Senate and the U.S. House o... more

October 2008 False Claims Act Year in Review, presented at the Pennsylvania Bar Institute's a Day on Health Law

Presentation | Speech
Eric Sitarchuk

09/24/08 Supervision Challenges in a Changing Electronic World, presented at the SIFMA Electronic Communications and Records Forum, New York

Presentation | Speech
Ben Indek

09/22/08 Newly Adopted Federal Rule Attempts to Address Privilege and Work Product Waiver Concerns

LawFlash/Client Alert | eData LawFlash
eData Practice

On Friday, September 19, 2008, President Bush signed into law S. 2450, which adds Rule 502 to the Federal Rules of Evidence. According to its drafters, the new rule is designed "to limit the consequences of inadvertent disclosu... more

09/17/08 Companies Affected by Hurricane Ike Should Act Promptly to Protect Their Rights to Insurance Coverage

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

Hurricane Ike has caused very substantial loss throughout the Texas Gulf Coast. As the region begins to recover, Morgan Lewis’s Insurance Recovery lawyers are already working with our clients nationwide to ensure that the... more

09/11/08 New Ninth Circuit Decision Makes Alleging Scienter Easier for Plaintiffs

LawFlash/Client Alert | Securities LawFlash
Litigation Practice

In the years following the passage of the Private Securities Litigation Reform Act of 1995 (PSLRA), plaintiffs have tried numerous approaches to satisfying the PSLRA’s stringent requirement to plead a “strong inference” of scie... more

August 2008 U.S. SEC, FINRA and NYSE Regulation: Mid-Year Review – Selected Broker-Dealer Enforcement Cases and Developments

Morgan Lewis Title | White Paper
Kerry Land, Anne Flannery, Kurt Rademacher, Ben Indek, Michael Kraut

This outline highlights selected U.S. Securities and Exchange Commission ("SEC" or the "Commission"), Financial Industry Regulatory Authority ("FINRA"), and NYSE Regulation enforcement actions and developments regarding broker-d... more

08/12/08 Impending Opening of Pemex Creates Investment Opportunities, Daily Business Review

Outside Publication | Article
Mark Zelek, Carlos Treistman

08/05/08 Amendment to New York Insurance Law Requires Insurers to Prove Prejudice in Order to Deny Coverage for Late Notice

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

On July 23, New York Governor David A. Paterson approved a revision to New York’s Insurance Law heralding important and long-awaited changes in favor of policyholders. The new law revises Section 3420 of New York&rsquo... more

08/05/08 EPA Audit Policy Now Available to Post-Acquisition Compliance Audits by New Owners of Regulated Facilities

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice

In an effort to broaden the use of its 1990 Audit Policy (Audit Policy), the U.S. Environmental Protection Agency (EPA) has expanded the applicability of the policy to include post-acquisition compliance audits of newly acquire... more

August 2008 Strategies for Handling Unwanted Litigation in England

LawFlash/Client Alert | International Litigation Strategies Article
Litigation Practice

Every year, U.S. companies are sued in England. For those companies not accustomed to it, English litigation involves an unfamiliar legal system and procedures. U.S. companies must first deal with a legal profession split betwe... more

07/28/08 Recent DOJ FCPA Opinions Provide Guidance on Preacquisition Due Diligence and Promotional Expenses

LawFlash/Client Alert | Litigation LawFlash
Litigation Practice Amy Conway-Hatcher

The Department of Justice (DOJ), through its Foreign Corrupt Practices Act (FCPA) Opinion Release Procedure, recently provided guidance on two important issues facing companies conducting business overseas. First, on June 13, D... more

07/25/08 Texas Courts Embrace the National Trend on Household Asbestos Exposure (co-author), Legal Backgrounder (published by the Washington Legal Foundation), Vol. 23, No. 32

Outside Publication | Article
Joy Palazzo

07/15/08 Department of Justice Announces Key Changes to the Principles of Federal Prosecution of Business Organizations

LawFlash/Client Alert | Litigation LawFlash
Leslie Caldwell, Martha Stolley, Lisa Tenorio-Kutzkey

In a July 9 letter to the U.S. Congress, Deputy Attorney General Mark Filip outlined significant upcoming changes to the Department of Justice's (the Department's) controversial Principles of Federal Prosecution of Business Org... more

07/08/08 Significant Insurance Coverage Issues Arise from FDA Salmonella-Related “Recall”

LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice

The recent national salmonella outbreak has sickened at least 810 people in 36 states and the District of Columbia. It has cost the food industry at least $100 million, according to the National Restaurant Association, and befo... more

07/05/08 Directors and Officers Insurance: Key Issues and Trends, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

06/26/08 Ninth Circuit Ruling: Employee Text Messages Shielded from Employer Review

LawFlash/Client Alert | eData LawFlash
eData Practice

On June 18, the Court of Appeals for the Ninth Circuit held in Quon v. Arch Wireless Operating Co. , No. 07-55282 (9th Cir.), that employee text messages are subject to the Stored Communications Act of 1986, and that employees... more

06/20/08 Directors and Officers Insurance: Claims Updates, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

06/10/08 Conducting Internal Investigations, presented at the FINRA Institute at Wharton, New York

Presentation | Speech
Ben Indek, Mary Dunbar

05/29/08 Texas Patent Litigation, presented at a Morgan Lewis IP Academy Seminar, Washington, D.C.

Presentation | Speech
Winstol Carter, Jr.

This seminar discussed strategies for litigating patent cases in Texas with particular focus on the Eastern District of Texas, a popular venue for patent infringement cases. Attendees learned about the district's judges and its u... more

05/20/08 School of Hard Knocks: Uncertainty in FCA Damages Awards Looms for Universities, published in ABA's Civil False Claims Act and Qui Tam Enforcement Conference Materials

Outside Publication | Article
Barbara Van Gelder

May 2008 An Overview of Climate Change Law

Morgan Lewis Title | White Paper
Litigation Practice

Climate change issues are generating one of the most rapidly changing and critically important components of environmental law. Most of the developments discussed in this overview have occurred in the last several years. This p... more

05/15/08 Trends in Penalties in SEC Enforcement Cases Brought Against Public Companies, presented at the 20th Annual ALI-ABA Course of Study – Accountants' Liability, San Diego

Presentation | Speech
Christian Mixter

05/08/08 Emerging Regulatory Trends Facing Member Firms and Hedge Funds, presented at the NYSE Regulation-Division of Enforcement and Risk Group Offsite Conference, New York

Presentation | Speech
Ben Indek

05/06/08 SEC Fires Another Warning Shot Over Insider Trading Policies and Procedures

LawFlash/Client Alert | Securities LawFlash
Ben Indek

For well over a year, SEC enforcement and examination officials have emphasized the staff’s focus on insider trading, particularly by securities industry professionals. This focus has proceeded largely on two fronts. The first ... more

05/02/08 How to Use and Manage Guaranteed Maximum Price Contracts, Philadelphia

Presentation | Speech
Michael Libor

05/01/08 SEC Enforcement Litigation in FY 2007, presented at the ALI-ABA Course Of Study Securities Litigation Planning And Strategies Program, Boston

Presentation | Speech
Christian Mixter

04/18/08 Conducting Internal Investigations, presented at FINRA Class Room Learning: Compliance Essentials, New York

Presentation | Speech
Ben Indek

04/08/08 Ninth Circuit Rules That Government Need Not Disclose Simultaneous Criminal Investigation

LawFlash/Client Alert | Litigation LawFlash
E. Andrew Southerling

The U.S. Court of Appeals for the Ninth Circuit issued an important opinion on April 4, addressing governmental conduct and defendant constitutional rights in parallel civil and criminal investigations. The court ruled that it ... more

04/02/08 Electronic Communications, presented at the SIFMA C&L Annual Seminar, Orlando, FL

Presentation | Speech
Ben Indek

04/01/08 Annual SIFMA-CL Conference: “Top 10½” Examination Priorities for 2008

LawFlash/Client Alert | Securities LawFlash
Litigation

The April 1 General Session of the annual SIFMA-CL Conference , “Current SEC Issues,” featured SEC senior staff members Andrew “Buddy” Donohue, Lori Richards, Erik Sirri, Andrew Vollmer, and Shelley Parratt. David DeMuro of Lehm... more

Spring 2008 But I’m Just an Associate: Malpractice and Ethical Traps for the Unwary Junior Lawyer, ABA Business Torts Journal

Outside Publication | Article
Diane Webb

April 2008 Conducting Internal Investigations After Enron and KPMG, presented at the Pennsylvania Bar Institute, Philadelphia and Pittsburgh

Presentation | Speech
Meredith Auten

Spring 2008 Rethinking Child Advocacy after Roper v. Simmons: "Kids are Just Different" and "Kids are Like Adults" Advocacy Strategies, Cardozo Public Law, Policy & Ethics Journal, Vol. 6, No. 2

Outside Publication | Article
Elisa McEnroe

2008 Chapter 5, Patent Claims: Construction and Drafting, Chapter 5. First Edition (The Icfai University Press)

Outside Publication | Chapter
Mansi Shah

03/10/08 SEC Warns Public Pension Funds and Other Unregistered Investment Advisers on Insider Trading

LawFlash/Client Alert | Securities LawFlash
Litigation, Investment Management, and Business and Finance

Last Thursday, the SEC warned public pension funds and other unregistered investment advisers on the need for vigilance and adoption of policies and procedures to address potential insider trading issues. The same topic was rec... more

03/06/08 Pennsylvania Supreme Court to Consider Whether Section 402A of the Restatement (Second) of Torts (Strict Liability) Should Be Replaced by Section 2 of the Restatement (Third) of Torts

LawFlash/Client Alert | Litigation LawFlash
Gayle Gowen

On February 27, the Pennsylvania Supreme Court entered an order accepting allocatur to address the issue: “Whether this Court should apply § 2 of the Restatement (Third) of Torts in place of § 402A of the Restate... more

March 2008 What Your Clients Should Know About Monetizing Their Intellectual Property To Generate "Non-Conventional" Streams of Commercial Finance, Sidley Austin CLE Program

Outside Publication | Article
Asheesh Puri

02/28/08 Now, You’re A Lawyer, Daily Journal

Outside Publication | Article
Joan Haratani

02/20/08 Foreign Corrupt Practices Act: Bribery in the International Marketplace, presented at the the ABA's Philadelphia Young Lawyers Division of the White Collar Crime Committee Conference, Philadelphia

Presentation | Speech
Eric Sitarchuk

02/14/08 The Legal Tsunami—How to Manage the Crisis When Your Industry Faces a Product-Related Mass Tort, presented at the 2008 Committee on Corporate Counsel Seminar, Scottsdale, AZ

Presentation | Speech
Joan Haratani

2008 Some Thoughts on the European Courts of Justice’s Francovich Jurisprudence, Croatian Yearbook of European Law and Policy, Vol. 4

Outside Publication | Article
Vladimir Pavlovic

January/February 2008 2007 Year In Review: SEC and SRO Enforcement Cases and Developments Regarding Broker-Dealers, NSCP Currents

Outside Publication | Article
Anne Flannery, Ben Indek, Michael Kraut

01/31/08 Morgan Lewis Expands in Texas: New Partners Build Three National Practice Areas

LawFlash/Client Alert | Litigation LawFlash
Litigation

Morgan Lewis is excited to welcome eight lawyers—Litigation partners Paul Krieger , Hugh Tanner , Lucas Elliot , David Levy , Rick Rambo , and Erik Hawes , Litigation of counsel Clay Rogers , and transactional partner Car... more

01/29/08 Best Strategies to Deal with Multi-Jurisdictional Investigations and Joint Investigations, presented at C5's International Conference on Anti-Corruption, Frankfurt

Presentation | Speech
Jürgen Beninca

January 2008 2007 Year in Review: SEC and SRO Selected Enforcement Cases and Developments Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Anne Flannery, Ben Indek, Michael Kraut

This outline highlights selected U.S. Securities and Exchange Commission (“SEC” or the “Commission”), NASD, NYSE Regulation, and Financial Industry Regulatory Authority (“FINRA”) enforcement ... more

01/17/08 Supreme Court Affirms Limitations on Third-Party Liability for Securities Fraud

LawFlash/Client Alert | Litigation LawFlash
Litigation

On January 15, 2008, in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. , the Supreme Court affirmed in a 5-3 opinion the Eighth Circuit Court of Appeals’ decision, which dismissed claims for alleged violations... more

2008 Corporate Investigations and White Collar Deskbook 2008

Morgan Lewis Title | Deskbook
White Collar Practice Amy Conway-Hatcher

Request a copy of the deskbook here. more

January 2008 Legal Ethics: Not Just Right But Effective, presented at an Orange County Bar Association MCLE Program

Presentation | Speech
Scott Garner

2008 Once a Landfill, Now a Neighborhood School, and That’s OK: Hartford Park Tenants Association v. Rhode Island Department of Environmental Protection, Rutgers Law Journal, Vol. 39

Outside Publication | Article
Michelle Westcoat

2008 Piggy Backing on the Web 2.0 Internet: Copyright Liability and Web 2.0 Mashups, Hastings Communications and Entertainment Law Journal, Vol. 30

Outside Publication | Article
Lisa Veasman

2008 Walking The Tightrope: Maintaining An Independent Judiciary And Protecting Judicial Free Speech, South Texas Law Review, Vol. 50

Outside Publication | Article
Kelly Adams

December 2007 The Impact of MiFID on Cross-Border MTFs for Professionals

LawFlash/Client Alert | International Update
Litigation Practice

December 2007 UK Credit Market Regulation

LawFlash/Client Alert | International Update
Litigation Practice

12/11/07 Directors & Officers Liability Insurance: Trends and Updates, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

12/07/07 Legal Malpractice: How to Avoid Becoming the Client, presented for the Orange County Bar Association Business Litigation Section

Presentation | Speech
Scott Garner

12/06/07 Recent Delaware Decision Orders Production of Communications Among Independent Counsel, Special Committee, and Full Board of Directors in Stock Options Investigation

LawFlash/Client Alert | Litigation LawFlash
Leslie Caldwell

In a recent decision that may have significant implications for corporate internal investigations and for special committee practice, a Delaware court ordered the production to civil plaintiffs of all communications between a sp... more

11/29/07 What Turns Legal Conduct into Market Manipulation? A District Court Answers That Bad Intent Is Enough, But Only Where It Is the Sole Intent

LawFlash/Client Alert | Securities LawFlash
Litigation

A decision by the Southern District of New York in SEC v. Masri , 04 Civ. 1584 (S.D.N.Y. Nov. 21, 2007) (RJH), granting summary judgment and dismissing claims against a broker, seeks to clarify the intent necessary to prove a ... more

11/21/07 Different Rules for Different Suspects, Cal Law

Outside Publication | Article
Leslie Caldwell, Lisa Tenorio-Kutzkey

11/16/07 Conducting Internal Investigations, presented at the Financial Industry Regulatory Authority, Inc. (FINRA) Institute at Wharton, Chicago

Presentation | Speech
Brian Herman

11/14/07 DOJ's Inconsistent Publicizing of Suspects (Not Accused), New York Law Journal

Outside Publication | Article
Leslie Caldwell, Lisa Tenorio-Kutzkey

11/08/07 Additional Issues for Derivative Cases, Corporate Governance, and Disclosure, presented at The ERISA and Securities Law Issues That Will Hit Your Balance Sheet in 2008: What Every General Counsel Needs to Know Webcast, Chicago

Presentation | Speech
Brian Herman

11/08/07 The Law of Insider Trading

Presentation | Speech
E. Andrew Southerling

11/06/07 The New FCPA Sheriff in Town: You

LawFlash/Client Alert | Litigation LawFlash
Brian Privor

The government’s enforcement of the Foreign Corrupt Practices Act (FCPA) has been steadily increasing, and all signals point to even more aggressive enforcement. While immigration and terrorism have dominated recent headl... more

10/30/07 Governance, Risk and Compliance Track: SEC Enforcement Actions, presented at the 14th Annual Institutional Investor/MARHedge Global Hedge Fund Summit, Bermuda

Presentation | Speech
Ivan Harris

10/17/07 Ethics for Compliance Officers, presented at the 2007 NSCP National Membership Meeting, Washington, D.C.

Presentation | Speech
Ben Indek

10/17/07 Protecting the Chief Compliance Officer From Regulatory and Civil Liability, presented at the 2007 NSCP National Membership Meeting, Washington, D.C.

Presentation | Speech
Anne Flannery

10/16/07 Avoiding Software Licensing Disputes: What You Need to Know and Deal With Up Front, presented at the American Conference Institute's the Practical and Tactical Art of the Deal in Software Licensing Agreements, San Francisco

Presentation | Speech
Molly Lane

October 2007 To Call or Not to Call Loss Prevention Counsel: That is the Question, Orange County Lawyer Magazine

Outside Publication | Article
Jennifer Bagosy

10/04/07 How Minority Attorneys Survive in Large Law Firms, presented at a Bar Association of San Francisco Panel, San Francisco

Presentation | Speech
Joan Haratani

10/03/07 The Diversity Advantage: Leveraging the Power of Difference, presented at the Practising Law Institute's Professional Legal Management Week, San Francisco

Presentation | Speech
Joan Haratani

October 2007 The D.C. Circuit’s Remand of the SEC’s Order Sustaining an NASD Disciplinary Proceeding Puts Focus on the Standard for SEC Review of Sanctions Imposed by SROs, Banking & Financial Services Policy Report

Outside Publication | Article
Ivan Harris

October 2007 To Call or Not to Call Loss Prevention Counsel: That Is the Question, Orange County Lawyer Magazine

Outside Publication | Article
Scott Garner

09/20/07 Meeting the Supervisory Challenge, presented at Complinet's New York Summit, New York

Presentation | Speech
Ben Indek

09/20/07 Second Circuit Reverses Summary Judgment in Merrill Lynch Case Against Allegheny Energy

LawFlash/Client Alert | Litigation LawFlash
Litigation

On August 31, the U.S. Court of Appeals for the Second Circuit reversed a much-publicized $158 million summary judgment in favor of Merrill Lynch. The case arises out of Merrill Lynch’s dispute with Allegheny Energy, Inc. over ... more

09/17/07 Effective Cross-Examination and Closings in Construction Cases, presented at the Association of Owners and Developers, Washington, D.C.

Presentation | Speech
Michael Libor

September 2007 Making your job easier: An introduction to eData

Presentation | Speech
Stephanie Blair

September 2007 The Fifth Circuit's Positive Software Solutions v. New Century Mortgage - Underscoring the Need for a Positive Solution to Arbitrator Disclosure for a New Century, Transnational Dispute Management, Vol. 4, Issue 5

Outside Publication | Article
Shana Cappell, Laurie Foster

08/01/07 The D.C. Circuit’s Remand of the SEC’s Order Sustaining an NASD Disciplinary Proceeding Puts Focus on the Standard for SEC Review of Sanctions Imposed by SROs

LawFlash/Client Alert | Securities LawFlash
Securities Industry

A recent opinion by the D.C. Circuit in PAZ Securities, Inc. v. SEC , No. 05-1467 (D.C. Cir. July 20, 2007), has dealt yet another blow in what had been, until a mere 18 months ago, the NASD’s and other SROs’ virtually routine ... more

07/30/07 Delaware Chancery Court Gives Close Scrutiny to Private Equity Transactions

LawFlash/Client Alert | Litigation LawFlash
Litigation

In three opinions issued this year arising out of the recent wave of private equity transactions, Vice Chancellor Leo E. Strine, Jr., of the influential Delaware Court of Chancery, has granted limited injunctive relief to stock... more

07/27/07 Third Circuit Issues Important New Precedent on Attorney-Client Privilege

LawFlash/Client Alert | Litigation LawFlash
Litigation

On July 17, 2007, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion regarding the attorney-client privilege under Delaware law in the context of a parent-subsidiary joint representation. In re Teleg... more

07/19/07 Direct and Cross Examinations of Regulatory/FDA Experts, ACI's Drug and Medical Device On Trial Seminar, New York

Presentation | Speech
David Schrader

2007 A Coverage Catch-22: The policyholder’s perspective on the interplay between Fiduciary Liability and D&O Policies

Outside Publication | Article
Kurt Rademacher, Christopher Loeber

Summer 2007 U.S. SEC, NASD, and NYSE Regulation: Selected Enforcement Cases and Developments in the First Half of 2007 Regarding Broker-Dealers

Morgan Lewis Title | White Paper
Ben Indek, Michael Kraut, Matthew Kalinowski

This outline focuses on selected U.S. Securities and Exchange Commission (“SEC”), NASD, and NYSE Regulation enforcement actions and developments in the first half of 2007 regarding broker-dealers. To date this ye... more

06/26/07 The Supreme Court Clarifies Plaintiffs’ Burden for Pleading State of Mind in Securities Fraud Cases

LawFlash/Client Alert | Litigation LawFlash
Litigation

On June 21, 2007, the Supreme Court of the United States issued an opinion about securities fraud claims under the Private Securities Litigation Reform Act of 1995 (PSLRA) that potentially affects all public companies. Tellabs,... more

06/19/07 Insurance Coverage for Community Health Care Centers in the Wake of a Catastrophic Loss, hosted by the LPCA and Southwest Regional Primary Care Association at the Annual Continuing Education Conference, New Orleans

Presentation | Speech
Kevin Dreher

06/07/07 Designing an Effective Retail Compliance Program, presented at SIFMA's 2007 Chicago Regional Seminar, Chicago

Presentation | Speech
Ben Indek

06/07/07 Directors & Officers Liability Insurance: Avoiding Pitfalls to Coverage, hosted by Lorman Education Services

Presentation | Speech
Kevin Dreher

06/05/07 eDiscovery A to Z, presented as a West Legalworks Workshop

Presentation | Speech
Scott Milner

June 2007 Landmark Decision Affords Constitutional Privacy Protection To E-mails, Client Briefing

Outside Publication | Article
Rick Rambo

05/30/07 Second Circuit Rules District Court Lacked Jurisdiction to Order KPMG to Stand Trial for Its Failure to Pay Defendants’ Legal Fees

LawFlash/Client Alert | Litigation LawFlash
Litigation

The U.S. Court of Appeals for the Second Circuit in New York held on May 23, 2007 that District Judge Lewis Kaplan lacked jurisdiction to open a separate civil proceeding to resolve an attorney fee dispute between KPMG LLP and former partners and employees charged with the sale of allegedly improper tax shelters.

05/14/07 Motion Practice: Objects in View (co-author), Los Angeles Daily Journal

Outside Publication | Article
Brian Hom

Spring 2007 Defending Data Privacy Class Actions, ABA's Class Actions & Derivatives Suits, Vol. 17, No. 2

Outside Publication | Article
Gregory Parks

04/23/07 BD Regulatory Audits, presented at the NSCP East Coast Meeting, Boston

Presentation | Speech
Ben Indek

04/13/07 Writing a Winning Legal Argument: What To Do and What Not To Do, presented at the Appellate Practice Committee of the ABA Section of Litigation Conference, San Antonio

Presentation | Speech
Peter Buscemi

04/11/07 Electronic Discovery, presented at PBI's Environmental Law Forum 2007

Presentation | Speech
Scott Milner

Spring 2007 China's Proposed International Adoption Law: The Likely Impact on Single U.S. Citizens Seeking to Adopt from China and the Available Alternatives, Harvard International Law Journal Online, Vol. 48

Outside Publication | Article
Elisa McEnroe

April 2007 The Securities and Exchange Commission’s New Course on Penalties, BNA Securities Regulation E Law Report

Outside Publication | Article
Christian Mixter

03/31/07 Defending an SEC Administrative Proceeding, presented at the 2007 ALI-ABA Securities Litigation Program, Boston

Presentation | Speech
Christian Mixter

03/26/07 Electronic Communications, presented at the SIFMA Compliance & Legal Division's 2007 Annual Seminar, Phoenix

Presentation | Speech
Ben Indek

03/16/07 Introduction of the President, Asian American Bar Association of the Greater Bay Area's Annual Installation Dinner, San Francisco

Presentation | Speech
Joan Haratani

03/01/07 Keynote Speaker, NALP’s 2007 Diversity Summit, Chicago

Presentation | Speech
Joan Haratani

March 2007 Successful Strategies in Managing White Collar Investigations, presented at the ABA's 21st Annual White Collar Institute, San Diego, CA

Presentation | Speech
Meredith Auten

03/01/07 The Application of Policy Limits for Asbestos Bodily Injury Claims: A Policyholder’s Perspective of California Law on (i) Products Versus Operations Claims, and (ii) Number of Occurrences, American Bar Association's Section of Litigation

Outside Publication | Article
Paul Zevnik, Jeffrey Raskin, Michel Horton

March 2007 The State of Play in Variable Annuities: Revisiting Best Supervisory and Control Practices, BISA

Outside Publication | Article
E. Andrew Southerling, John Hartigan

March 2007 When Accountants Litigate: Decisions in Contested Rule 102(e) Proceedings, 2000-2006, presented at the 19th Annual ALI-ABA Course of Study – Accountants’ Liability, Boston

Presentation | Speech
Christian Mixter

February 2007 The Regulatory Examination Process

Morgan Lewis Title | White Paper
Jeffrey Brooks, Anne Flannery, Ben Indek

This White Paper discusses several key topics in an effort to provide information concerning regulatory examinations and to furnish practical guidance to compliance professionals on the handling of such inspections.

2007 Book Review: Human Rights Obligations of Non-State Actors by Andrew Clapham (View Article)

Outside Publication | Article
Vladimir Pavlovic

February 2007 The Fine Print of Insurance Coverage, Mortgage Banking

Outside Publication | Article
Gary Smuckler

2007 Lab Corp v. Metabolite: Everything Under the Sun?, presented at the Massachusetts Bar Association, Boston

Presentation | Speech
Michael Kallus

2007 Corruption: Lines Between Lobbying and Corruption, presented at the American Bar Association 21st Annual National Institute on White Collar Crime, San Diego

Presentation | Speech
Eric Sitarchuk

2007 False Claims Act Year in Review, presented at PBI’s A Day on Healthcare

Presentation | Speech
Eric Sitarchuk

2007 False Claims Act Year in Review, presented at the Pennsylvania Bar Institute 13th Annual Health Law Institute

Presentation | Speech
Eric Sitarchuk

2007 Prudent Process: Emerging Guidelines for ESOP Fiduciaries from Court Decisions, Insights

Outside Publication | Article
Julie Govreau, Theodore Becker

2007 There's No Place Like Home—Except When You Are Under Arrest: The Third Circuit's Analysis of Home Arrests in United States v. Veal, Villanova Law Review, Vol. 52

Outside Publication | Article
Kristin Hadgis

2007 Which Comes First in Federal Court, The Chicken or the Baby Chicks?: The Unavailability of Federal Remedies for Spousal Consortium Claims Under 42 U.S.C. § 1983, Villanova Law Review, Vol. 52, No. 3

Outside Publication | Michelle Ferreri

12/14/06 Effective Voir Dire in Drug and Medical Device Litigation, New York

Presentation | Speech
David Schrader

12/08/06 Can Your Company Be Sued for Data Breach? E-Commerce Times

Outside Publication | Article
Gregory Parks

12/04/06 Taming the Beast - Implementation of Effective Best Practices for Electronic Data Discovery, presented at the PLI - Electronic Discovery and Retention Guidance for Corporate Counsel Conference, San Francisco

Presentation | Speech
Renée Lawson

December 2006 Exposing The "Phantom Epidemic" in Silica Litigation, Law.com

Outside Publication | Article
Roger Smith

11/20/06 Don't Start a Backdating Witch Hunt, Legal Times, Vol. 29, No. 47

Outside Publication | Article
Christian Bartholomew

11/20/06 Minimizing Product Liability Risks, Washington, D.C.

Presentation | Speech
David Schrader

11/13/2006 Securities Industry Association, presented at the Compliance and Legal Division Fall Compliance Seminar, New York

Presentation | Speech
Ben Indek

11/15/06 Hot Topics in Consumer Class Actions for Retail Companies (Data Privacy Class Actions): (View Recording)

Presentation | Webinar
Joseph Fay, J. Cooney, Jr., Gregory Parks

November 2006 Protecting Attorney-Client Privilege, presented at the 12th Annual PBI Business Lawyers Institute

Presentation | Speech
Meredith Auten

10/19/06 BD Regulatory Audits: What You Need to Know, presented at the NSCP 2006 National Membership Meeting, Washington, D.C.

Presentation | Speech
Ben Indek

10/17/06 Welcome Remarks to the Seventh Annual A.A. Sommer, Jr. Corporate Securities & Financial Law Lecture, New York

Presentation | Speech
Ben Indek

10/12/06 Putting the Effective in Your Compliance Program, presented at the SIA Compliance & Legal Division Regional Seminar, Washington, D.C.

Presentation | Speech
Ben Indek

09/07/06 Unfair Competition Suits Targeting Illegal Hiring

LawFlash/Client Alert | Litigation LawFlash
Litigation

Many larger companies who purportedly use illegal aliens as a material component of their work force are being threatened to be sued for unfair business practices and anticompetitive behavior. The impetus for these threats aris... more

08/15/06 The Financial Services Authority's Enforcement Procedures in the United Kingdom

Morgan Lewis Title | White Paper
Litigation Practice

The Financial Services and Markets Act 2000 (“FSMA”) gives the FSA significant powers to impose a variety of sanctions on firms and individuals for breaches of rules under FSMA and other legislation. The FSA can pub... more

08/15/06 The Financial Services Authority's Market Abuse Regime in the United Kingdom

Morgan Lewis Title | White Paper
Litigation Practice

On 1 July 2005, the Financial Services and Markets Act 2000 (Market Abuse) Regulation 2005 (the “Regulations”) came into force in order to implement the EC Directive on Insider Dealing and Market Manipulation (Market... more

07/12/06 Pressuring Companies to Cut Off Employee Indemnification: Good Faith Cooperation or a Violation of Constitutional Rights?

Morgan Lewis Title | White Paper
Litigation

The defense bar has been closely watching several recent, high-profile investigations in which the government has successfully pressured companies to jettison certain employees and to refuse to indemnify those employees for thei... more

07/05/06 Morgan Lewis Wins Appeal in Groundbreaking Case of First Impression on Class Certification

LawFlash/Client Alert | Litigation LawFlash
Litigation

In consolidated appeals in the McCoy v. Health Net, Inc. et al. and Wachtel v. Health Net, Inc., et al. cases, the United States Court of Appeals for the Third Circuit ruled on the requirements for class certification under ... more

06/29/06 Hurricane Insurance Claims Update: Insurance Recovery

Presentation | Webinar
Bradley D. Murlick and Stan Johnson of Navigant Consulting, Inc.

06/20/06 Insurance Will Protect Companies, Officers, and Directors from Options Backdating Claims

LawFlash/Client Alert | Litigation LawFlash
Litigation

On March 18, 2006, the Wall Street Journal published an article indicating that a number of public companies supposedly "backdated" grants of stock options to senior executives to allow those executives to profit. That articl... more

06/20/06 Managing Conflicts Within Financial Institutions, presented at the NYSE Regulation Second Annual Securities Conference, New York

Presentation | Speech
Anne Flannery

06/19/06 Electronic Communications Best Practices, presented at the NYSE Regulation Second Annual Securities Conference, New York

Presentation | Speech
Ben Indek

06/07/06 Corporate Investigations and Criminal Liability, presented to The Mid-Atlantic Regional Committee and the Philadelphia Young Lawyer’s Division of the ABA White Collar Crime Committee

Presentation | Speech
Colm Connolly

June 2006 Co-author, Why the Ryan Trial is Far From Over: How Removal of Two Jurors During Deliberations Could Lead to a Reversal, Journal of the DuPage County Bar Association

Outside Publication | Article
Bridget Longoria

06/01/06 "Options Backdating" Issues Heat Up

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As you have undoubtedly read recently, The Wall Street Journal and other media have been beating the drum loudly over whether public companies have “backdated” their options grants such that executives have reaped ... more

06/01/06 Securities Arbitration & Mediation, presented at the City Bar Association Seminar, New York

Presentation | Speech
Anne Flannery

05/19/06 Research Analyst Issues, presented at the NASD Spring Conference, Hollywood, FL

Presentation | Speech
Anne Flannery

05/11/06 Managing Antitrust Matters in the Modern Corporate Governance Era, presented at the ABA Antitrust Section & City Bar Seminar, New York

Presentation | Speech
Anne Flannery

05/01/06 BD Hot Buttons, presented at the NSCP 2006 East Coast Regional Meeting, New York

Presentation | Speech
Ben Indek

04/05/06 Recent Developments in Securities Enforcement, presented at the New York County Lawyers Association Seminar, New York

Presentation | Speech
Anne Flannery

04/04/06 Clean Air Basics: PSD/NSR, presented at the Pennsylvania Bar Institute's Environmental Law Forum, Harrisburg

Presentation | Speech
Jeffrey Hurwitz

2006 Clean Air Prevention of Significant Deterioration and New Source Review: Applicability and Other Basics, Pennsylvania Bar Institute's Accompany Book on the 2006 Environmental Law Forum

Outside Publication | Chapter
Jeffrey Hurwitz

04/04/06 Insurance Issues Facing the Energy Industry: Protecting and Preserving Your Assets Through Insurance Webinar Presentation

Presentation | Webinar
Jay Gutierrez, Howard Weir, III, George Edgar, David Luttinger, Jr., Michael Libor, John Shugrue

04/03/06 Tritium: Managing the Regulatory and Litigation Challenges

Presentation | Webinar
Thomas Poindexter, Glen Stuart

03/22/06 Document Retention Standards - Building Your Model, presented at the SIA C&L 2006 Annual Seminar, Hollywood, FL

Presentation | Speech
Ben Indek

03/16/06 Perjury, Obstruction, and Contempt, presented at the National Advocacy Center, United States Department of Justice

Presentation | Speech
Colm Connolly

03/08/06 Best Practices of Very Small Firms, presented at the NASD Small Firm Conference, New York

Presentation | Speech
Ben Indek

03/04/06 Medicaid Fraud, presented at the 17th Annual Medical Society of Delaware’s Update in Cardiology

Presentation | Speech
Colm Connolly

2006 Learning to Avoid or Mitigate Future Problems (Chapter 3), The New Perils of White Collar Crime: Leading Lawyers on Mitigating Liability in a Post-Sarbanes-Oxley Era (Aspatore Books)

Outside Publication | Chapter
Eric Sitarchuk

January 19-20, 2006 Using Technology Solutions to Minimize Legal Malpractice Liability, presented at an LPL/Legal Malpractice Conference

Presentation | Speech
Scott Garner

January 2006 2005 NASD, NYSE, and SEC Enforcement Developments

Morgan Lewis Title | White Paper
Ben Indek, Michael Kraut

2006 False Claims Act Year in Review, presented at PBI’s 12th Annual Health Law Institute

Presentation | Speech
Eric Sitarchuk

2006 False Claims Act Year in Review, presented at PBI’s A Day on Healthcare

Presentation | Speech
Eric Sitarchuk

2006 Health Care Fraud, presented at the ABA’s 20th Annual National Institute on White Collar Crime, San Francisco

Presentation | Speech
Eric Sitarchuk

2006 Invention 2 Venture Green Workshop, presented at the University of Massachusetts, Boston

Presentation | Speech
Michael Kallus

2006 Omission as Misrepresentation, presented at the Massachusetts Bar Association, Boston

Presentation | Speech
Michael Kallus

2006 Protecting the Attorney-Client Privilege, presented at PBI’s Annual Business Lawyers Institute

Presentation | Speech
Eric Sitarchuk

January 2006 Punitive Damages: How Much Is Too Much? Product Liability Law & Strategy, Vol. 24, No. 7

Outside Publication | Article
Roger Smith

2006 The Role of the Board in Responding to Crisis Situations, presented to the National Association of Corporate Directors, Philadelphia

Presentation | Speech
Eric Sitarchuk

2006 Zoning In Philadelphia: A Step-by-Step Guide for Small Businesses and Nonprofit Organizations, Community Legal Services & Philadelphia Law Works (click here to read the article)

Outside Publication | Article
Michelle Westcoat

12/19/05 Option Backdating: What to Do Before the SEC Comes Calling

Presentation | Webinar
S. DiBernardo, Thomas Kellerman, Christian Mixter

2005 The Legality of Torture, presented to the Bay Area American Inns of Court, San Francisco

Presentation | Speech
Patrick Ryan

10/25/05 NASD and NYSE Investigations from Start to “Wells” Type Notices: Working with Regulators in Your Client’s Best Interest, presented at the American Conference Institute's Broker-Dealer Enforcement Actions Conference, New York

Presentation | Speech
Ben Indek

10/24/05 2005 Industry Overview "What's New and Hot?" presented at The 2005 NSCP National Meeting, Alexandria, VA

Presentation | Speech
Ben Indek

Fall 2005 A Lawyer’s Ethical Obligation upon Receiving Inadvertently Disclosed Privileged Documents: Avoiding Malpractice, Sanctions, and Disqualification in the Face of Uncertain Rules, ABTL

Outside Publication | Article
Scott Garner

08/25/05 Recent Developments in Securities Litigation

LawFlash/Client Alert | Securities Industry FYI
Securities Industry Practice

This LawFlash is an overview of recent developments in securities litigation, including general developments, mutual fund proceedings, electronic discovery and email retention. This LawFlash discusses: Loss Causation... more

08/25/05 When Problems Are Discovered: How to Respond

Presentation | Speech
John Hartigan

August 2005 The Hazards of For-Profit Asbestos Screenings, The Legal News

Outside Publication | Article
Brady Edwards

07/14/05 NASD Rule 3013 (CEO Certification) NRS, "Getting NASD Rules 3012, 3013 and Amended 3010 Under Control" Conference, New York

Presentation | Speech
Ben Indek

06/22/05 Supervision of Electronic Communications, presented at the New York Stock Exchange Regulation First Annual Securities Conference, New York

Presentation | Speech
Ben Indek

06/16/05 Clean Air Regulatory Update, presented at the Environmental Auditing Roundtable Conference in Trenton, NJ

Presentation | Speech
Jeffrey Hurwitz

05/27/05 Florida’s Asbestos and Silica Compensation Fairness Act

Morgan Lewis Title | White Paper
Derek León, Christopher Collings

This paper highlights the significant portions of the Asbestos and Silica Compensation Fairness Act of 2005 (the Act) and how the new criteria will be applied to future cases, as well as the potential impact the Act may have on ... more

05/24/05 Enforcement Hot Topics, presented at The NASD Spring Securities Conference, Chicago

Presentation | Speech
Ben Indek

05/14/05 Lawyer-Client Privilege and Work Product, presented at the American College of Trial Lawyers Regional Meeting

Presentation | Speech
Colm Connolly

05/06/05 Potential Impact of the Fairness in Asbestos Injury Resolution Act of 2005 (S. 852) on Policyholders

LawFlash/Client Alert | Litigation LawFlash
Litigation

On April 19, 2005, Senator Arlen Specter introduced the “Fairness in Asbestos Injury Resolution Act of 2005” (the Act), S. 852, 109th Cong. (2005). The legislation would create a “privately funded, publicly administered” $140 b... more

04/13/05 Willis Group Holdings Enters into $51 Million Settlement Concluding Investigation into Insurance Brokerage Conflicts of Interest

LawFlash/Client Alert | Litigation LawFlash
Litigation

On April 8, 2005, the New York State attorney general, the New York insurance superintendent and the attorney general of Minnesota announced a settlement in connection with their brokerage misconduct investigation of Willis Grou... more

04/05/05 Litigating with S.R.O.'s, presented at the Securities Industries Association Compliance & Legal Division 2005 Annual Seminar, Palm Desert, CA

Presentation | Speech
Ben Indek

03/10/05 The NASD CEO Certification Rule, NRS' Broker/Dealer Conference - CEO Now Stands for "Certifying" Executive Officer in Orlando, FL

Presentation | Speech
Ben Indek

03/01/05 Broker Practices Investigation, presented at Mealey's Insurance 101 Conference, Philadelphia, PA

Presentation | Speech
David Luttinger, Jr.

Spring 2005 How Bizarre?: The Third Circuit's Analysis of the Requirement of Reasonable Accommodation for "Regarded As" Disabled Employees Under the ADA in Williams v. Philadelphia Housing Authority Police Department, Villanova Law Review

Outside Publication | Article
Máire Donovan

02/28/05 BD Regulatory Audits, presented at The National Society of Compliance Professionals 2005 Southern Regional Meeting, Atlanta

Presentation | Speech
Ben Indek

02/24/05 Comments on EPA's Draft Superfund Benefits Analysis, presented at The EPA Science Advisory Board Washington, D.C.

Presentation | Speech
Michael Steinberg

02/16/05 Due Process and Self-Regulation, New York Law Journal

Outside Publication | Article
Ben Indek

02/03/05 Supervision and Supervisory Structure: A Legal and Regulatory Approach; NASD Institute for Professional Development - Supervision in the Financial Services Industry Symposium, New York

Presentation | Speech
Ben Indek

2005 False Claims Act Year in Review, presented at PBI’s 11th Annual Health Law Institute

Presentation | Speech
Eric Sitarchuk

2005 False Claims Act Year in Review, presented at PBI’s A Day on Healthcare

Presentation | Speech
Eric Sitarchuk

2005 Lessons Learned from the Philadelphia Corruption Trials, presented at the Pennsylvania Association of Criminal Defense Lawyers

Presentation | Speech
Eric Sitarchuk

January 2005, 2006, 2007 Making Professionalism and Ethics Work for Your Client, presented at an Orange County Bar Association MCLE Program

Presentation | Speech
Scott Garner

2005 Recent Developments in White Collar Crime, presented to the Pennsylvania Bar Institute

Presentation | Speech
Eric Sitarchuk

2005 Same Injury; Different Coverage, Villanova Sports & Entertainment Law Journal, Vol. 13

Outside Publication | Article
Diana Cortes

2005 The Driving Forces Behind the Government’s Current Wave of Corporate Prosecutions, presented to the ABA’s White Collar Crime Committee, Philadelphia

Presentation | Speech
Eric Sitarchuk

11/10/04 The Examination Process, presented at the SIA Compliance and Legal Division Fall Compliance Seminar

Presentation | Speech
Ben Indek

2004 Joint Defense Agreement, presented to the Bay Area American Inns of Court, San Francisco

Presentation | Speech
Patrick Ryan

10/27/04 BD Supervision, presented at the 2004 NSCP National Meeting

Presentation | Speech
Ben Indek

10/13/04 Outline of Issues for a Biotech Company to Consider in Preparing for an IPO

Presentation | Speech
Steven Cohen

2004 Comment, Wireless Local Number Portability and Its Effect on Competition: Can There Be Too Much of a Good Thing?, Journal of Communications Law and Policy, Vol. 12 Issue 2

Outside Publication | Article
Nicole Stach

September–November 2004 Mold Litigation and Avoidance, presented to Various Product Manufacturers in Pennsylvania, Ohio, New York, and Atlanta

Presentation | Speech
Michael Libor

September 2004 So You Have Been Sued in the United States - Now What? (10 Practical Tips for Responding to U.S. Litigation), presented at Formosa Transnational Law Firm's 30th Anniversary Celebration Seminar, Taipei, Taiwan

Presentation | Speech
Lucas Elliot

September 2004 Sub-Standard Protection from U.S. Patent Litigation, presented at Formosa Transnational Law Firm's 30th Anniversary Celebration Seminar, Taipei, Taiwan

Presentation | Speech
Lucas Elliot

07/27/04 NSR in the Courts: Demonstration of Need for Reform - AWMA Webcast

Presentation | Speech
William Lewis, Jr.

06/30/04 Insurance Coverage Issues Pertaining to Directors and Officers Liability Insurance Post-Sarbanes-Oxley: The Sarbanes-Oxley Act and its Insurance Coverage Implications presented at the Lorman Education Services seminar, Philadelphia

Presentation | Speech
Kevin Dreher, John Shugrue

06/04/04 Navigating the Compliance/Regulatory and Employment Law Minefield, presented at the HRM Committee SIA

Presentation | Speech
Ben Indek

Summer 2004 The Devil You Know!: Should Prisoners Have the Right to Practice Satanism?, Houston Law Review, Vol. 41

Outside Publication | Article
Patrick Elkins

04/15/04 Appellate Court Ratchets Up State Role in Securities Law Prosecution, New York Law Journal

Outside Publication | Article
Ben Indek

April 2004 Securities Disclosure: Disclosing Product Developments to Investors, Insights: The Corporate and Securities Law Advisor, Vol. 18, No. 4

Outside Publication | Article
Phoebe Mounts, Karen Pohlmann, Marc Sonnenfeld

03/17/04 Ethical Issues/Legal Constraints in Internal Investigations, presented at the Pennsylvania Bar Institute Health Law Conference, Philadelphia

Presentation | Speech
John Dodds

03/04/04 Health Care Fraud and Abuse, presented at the ABA National Institute on White Collar Crime, Miami

Presentation | Speech
John Dodds

March 2004 Discovery Issues Facing Asian Corporations Involved in U.S. Litigation, presented at a Hangzhou Bar Association IP Seminar, Hangzhou, China

Presentation | Speech
Lucas Elliot

March 2004 Discovery Issues Facing Asian Corporations Involved in U.S. Litigation, presented at an IP Management and U.S. Litigation Practice Seminar for the Institute of Technology Law at National Chiao-Tung University, Hsinchu, Taiwan

Presentation | Speech
Lucas Elliot

02/27/04 Insurance Coverage For Sherman Act Antitrust Claims

LawFlash/Client Alert | Antitrust LawFlash
Litigation

This is a reminder to our clients that the cost of defending Sherman Act antitrust claims, as well as any resulting damage awards, may be covered under your general liability insurance policies. Allegations of anticompetitive c... more

02/26/04 Corporate Investigations: Role of the Attorney, presented at the Pennsylvania Bar Institute, Philadelphia

Presentation | Speech
John Dodds

02/19/04 Outside Directors and Red Flags, New York Law Journal

Outside Publication | Article
Ben Indek

February 2004 The Liberalization of the Personal Knowledge Requirement For Admitting Business Records and Authenticating Evidence

Morgan Lewis Title | White Paper
John Goodchild, III

Electronic evidence is replacing traditional forms of business records and paper documents. Litigators and judges are faced with the challenge of determining the authenticity and reliability of electronic data and Internet evid... more

2004 Zubulake v. UBS Warburg, Evidence that the Federal Rules of Civil Procedure Provide the Means for Determining Cost Allocation in Electronic Discovery Disputes?, Villanova Law Review, Vol. 49

Outside Publication | Article
Bahar Shariati

2004 Corporate Investigations: Role of the Attorney, presented to the Pennsylvania Bar Institute

Presentation | Speech
Eric Sitarchuk

2004 False Claims Act Year in Review, presented at PBI’s 10th Annual Health Law Institute

Presentation | Speech
Eric Sitarchuk

2004 False Claims Act Year in Review, presented at PBI’s A Day on Healthcare

Presentation | Speech
Eric Sitarchuk

2004 Jury Trials: How to get a Not Guilty Closing Argument, For the Experienced, presented to the Pennsylvania Association of Criminal Defense Lawyers

Presentation | Speech
Eric Sitarchuk

2004 Sarbanes-Oxley Roundtable, Philadelphia Legal Intelligencer

Presentation | Speech
Eric Sitarchuk

December 2003 Focusing On Reasonableness and Cost Trends in E-Discovery and Record Retention

Morgan Lewis Title | White Paper
Stephanie Blair, John Goodchild, III

In May 2002 we published an article entitled "One Eye on Business Needs and One Eye on Future Litigation: Retention and Destruction of Electronically Stored Information." That article described the need for corporations to think... more

Winter 2003 Morgan Lewis on Complex Litigation
Winter 2003

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: Update on New Rule 23 Amendments: Because Congress took no action on the proposed amendments to Rule 23, the amendments became effective on December 1, 2003. Class-Action Legislation- Status of C... more

12/03/03 Notice Regarding Liquidation of Reliance Insurance Company

LawFlash/Client Alert | Litigation LawFlash
Insurance Recovery

The deadline for filing proofs of claim against Reliance Insurance Company (In Liquidation) and its affiliates (“Reliance”) with the Reliance Liquidator in Pennsylvania is December 31, 2003. Any claims for coverage under a poli... more

Winter 2003-04 Co-Author, Expert Witnesses and Daubert Motions, The Sedona Conference Journal

Outside Publication | Article
Asheesh Puri

November 2003 Joint Defense Agreements: The Hidden Dangers, California Literary Journal

Outside Publication | Article
Patrick Ryan

2003 The Law in Film, presented to the Bay Area American Inns of Court, San Francisco

Presentation | Speech
Patrick Ryan

11/07/03 Fundamentals of Construction Law – Learn the Basics from the Pros, presented at the ABA Forum on the Construction Industry, Philadelphia

Presentation | Speech
Michael Libor

10/29/03 How to Conduct an Internal Investigation, presented at the Pennsylvania Bar Institute and Business Lawyers Institute, Philadelphia

Presentation | Speech
John Dodds

09/21/03 Current Cases in Pharmaceutical Enforcement, presented at the American Health Lawyers Association Fraud and Compliance Forum, Baltimore, MD

Presentation | Speech
John Dodds

September 2003 Electronic Discovery Grows More Costly and More Accessible, Information Technology Client Update

Outside Publication | Article
Rick Rambo

July 2003 Enforcing International Commercial Arbitration Awards: An English Law Perspective

LawFlash/Client Alert | International Update
Litigation Practice

July 2003 Qui Tam Actions and the Non-Lawyers Pro Se Plantiff: There is No "Going It Alone" Under the False Claims Act, Health Lawyers News, Vol. 7, No. 7

Outside Publication | Article
Brad Fagg

 

Summer 2003 Theories of Liability in Construction Defect Cases, American Bar Association Construct!

Outside Publication | Article
Michael Libor

April/May 2003 Morgan Lewis on Complex Litigation
April/May 2003

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: Class Action Reform Legislation Back on Track: Republican control of the Senate appears to have re-energized class action reform efforts in Congress. Supreme Court Docket: The Supreme Court hea... more

Spring 2003 Supervising the Supervisors: Internal Controls in the Brokerage Industry

Outside Publication | Article
Beth Kiesewetter

2003 Describing Your Biotechnology: The Significance of Enzo Biochem and Eli Lilly, The Journal of BioLaw & Business (Federal Circuit Edition, 2003)

Outside Publication | Article
Asheesh Puri

01/30/03 Getting to the Bottom of Construction Claims

Presentation | Speech
Michael Libor

01/30/03 Administering the Contract to Preserve and Pursue Claims: Current Trends in Construction Litigation, presented at the ABA Forum on the Construction Industry, New York

Presentation | Speech
Michael Libor

2003 Dealing with IRS Special Agents, presented to the Pennsylvania Bar Institute

Presentation | Speech
Eric Sitarchuk

2003 White Collar Investigations, For the Experienced, presented to the Pennsylvania Association of Criminal Defense Lawyers

Presentation | Speech
Eric Sitarchuk

11/14/02 New Developments in Toxic Tort Litigation Defense, presented at a Morgan Lewis Webcast

Presentation | Speech
Michael Libor

11/04/02 The Economic Espionage Act, presented at the Intellectual Property Owners Association Annual Meeting 2002

Presentation | Speech
Eric Kraeutler

November/December 2002 Morgan Lewis on Complex Litigation
November/December 2002

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: The Rise of Consumer Protection Statutes in Complex Commercial Litigation: In the past decade, state consumer protection statutes have become a popular vehicle for class action litigation. This phenomen... more

November 2002 Volatile Combinations, Los Angeles Lawyer

Outside Publication | Article
John McAleese, III

10/24/02 Jury Instructions in Construction Disputes: What Works and What Doesn’t, presented at the DRI, Las Vegas

Presentation | Speech
Michael Libor

October 2002 Jury Instructions In Construction Litigation

Outside Publication | Article
Michael Libor

May 2002 Morgan Lewis on Complex Litigation
May 2002

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: Recent Trends in ADA Public Accommodation Litigation: In the past few years, plaintiffs’ attorneys, often coupled with select disability advocacy groups, increasingly have brought lawsuits under Title... more

May 2002 NASDR and NYSE Tackle Research Analyst Practices... But Are Their New Rules Workable? Wall Street Lawyer, Vol. 5, No. 12

Outside Publication | Article
John Ayanian, Robert Mendelson, Steven Stone

04/10/02 Testimony on Superfund Before Senate Environment Subcommittee

Presentation | Speech
Michael Steinberg

April 2002 A Growing Issue: Mold

Morgan Lewis Title | White Paper
Michael Libor

Indoor mold contamination is insidious, can be toxic – and is quite expensive to remediate. Mold contamination has been linked to brain damage, lung and other organ damage, as well as a host of other symptoms so severe th... more

2002 Comment, And the Winner Is . . . Interpreting the Lead Plaintiff and the Lead Counsel Provisions of the Private Securities Litigation Reform Act of 1995, Villanova Law Review

Outside Publication | Article
Asheesh Puri

April 2002 Patent Controversy Over Customer Service Call Centers

Morgan Lewis Title | White Paper
Jay Calvert, Jr.

Your company’s customer service phone center could soon receive an unwanted call. An individual named Ron Katz claims that his 40+ business method patents (with thousands of claims) cover automated telephone call processi... more

February 2002 President Signs Small Business Liability Relief and Brownfields Revitalization Act, Significantly Amending Federal Superfund Law

Morgan Lewis Title | White Paper
Litigation

On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (“Act”), amending the Comprehensive Environmental Response, Compensation and Liability Act (“CER... more

2002 A Positive First Step: The Joint Legislative and Audit Review Commission's Review of Virginia's System of Capital Punishment, Capital Defense Journal, Vol. 14

Outside Publication | Article
Herman Hoying

2002 Intellectual Property Law Update, Texas Tech Law Review, Vol. 33

Outside Publication | Article
Rick Rambo

2002 Qui Tams & Whistleblowers—Unique Cases, Unique Clients, presented to the Pennsylvania Bar Institute

Presentation | Speech
Eric Sitarchuk

2002 RCRA and lead paint: A New Partnership for the Twenty First Century, Columbia Journal of Law and Social Problems

Outside Publication | Article
Shana Cappell

2002 To File or Not to File: The Practical and Ethical Implications of Motion Practice on Sentence Negotiations in Capital Cases, Capital Defense Journal, Vol. 15

Outside Publication | Article
Herman Hoying

12/13/01 Pennsylvania Construction Issues: Payment and Claims Process, presented at Lorman Education Services, Philadelphia

Presentation | Speech
Michael Libor

12/01/01 Changes, Changed Conditions and Scope Changes Affecting Payment, presented at Lorman Education Services

Presentation | Speech
Michael Libor

12/01/01 Overview of Potential Construction Claims and Damages, presented at Lorman Education Services

Presentation | Speech
Michael Libor

12/01/01 Terrorism: The New Security Reality - How Well Can You Know Your Customers? Presented to the Pennsylvania Chemical Industry Council, Harrisburg

Presentation | Speech
John McAleese, III

October 2001 Employee-Related Provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (co-author), Texas Tax Lawyer, Vol. 29, pp. 52-61

Outside Publication | Article
Ann Stewart

September 2001 Discovery and Depositions in U.S. Litigation, presented at a T&D Associates Law Firm Seminar, Beijing, China

Presentation | Speech
Lucas Elliot

September 2001 Questions Regarding the Government Powers Under the Defense Production Act and Defense Priorities and Allocations System

Morgan Lewis Title | White Paper
Tom Williamson

With the recent enactment of a Congressional Joint Resolution authorizing the President to use all necessary and appropriate force, pursuant to the War Powers Resolution, against nations and persons involved in the terrorist att... more

September 2001 The Jurisdictional Reach of U.S. Courts Over Asian Corporations Doing Business in the United States, presented at an In-House General Counsel Legal Forum, Seoul, South Korea

Presentation | Speech
Lucas Elliot

08/01/01 Keys to Effective Motions Practice in the Civil Case, presented at the PBI's 27th Annual Essentials of Pennsylvania Practice, Mechanicsburg, PA

Presentation | Speech
Brady Green

June 2001 The Supreme Court Requires Higher Standard of Review for Constitutional Due Process Challenges to Punitive Damages Awards

Morgan Lewis Title | White Paper
Peter Buscemi, Patrick Conner

In Cooper Industries, Inc. v. Leatherman Tool Group, Inc. , the United States Supreme Court directed appellate courts to review constitutional challenges to punitive damages awards under the de novo standard. The Court reverse... more

04/11/01 Clean Air Act Issues, presented at the American Forest & Paper Association, Joint Environmental Law and Air Quality Committee Meeting, Charleston, SC

Presentation | Speech
William Lewis, Jr.

03/01/01 Ritalin Class Action Litigation: A Defense Lawyer's Perspective, presented at the American Conference Institute Ritalin Litigation, New York

Presentation | Speech
J. Cooney, Jr.

02/23/01 EPA's PSD/NSR Enforcement Initiative: An Industry Perspective, presented to the Glass Packaging Institute, Alexandria, VA

Presentation | Speech
William Lewis, Jr.

January 2001 Personal Injury Liability of Owners and Occupiers For Construction-Related Asbestos Exposure in New York, Mealey's Litigation Report: Asbestos

Outside Publication | Article
Bernard Garbutt III

2001 Litigating Whistleblower Cases Under the Qui Tam Provisions of the False Claims Act, A Practitioner’s Symposium, presented at a Mealey’s Conference, Washington, D.C.

Presentation | Speech
Eric Sitarchuk

2001 Representing White Collar Criminal Defendants, presented to the Pennsylvania Bar Institute

Presentation | Speech
Eric Sitarchuk

January 2001 Supreme Court Allows Additional $500 Million in New Export Refunds - U.S. Customs Issues Proposed Regulations to Limit Claims

Morgan Lewis Title | White Paper
Mark Bravin

Companies and organizations that export products from the United States have a new opportunity to recover fees collected illegally by the U.S. Customs Service on exports between 1987 and 1998. In most cases, it is no longer nec... more

January 2001 The Supreme Court of California Reaffirms the Economic Loss Doctrine, Declines to Impose Tort Liability on Developers and Contractors for Negligence in the Absence of Property Damage or Personal Injury

Morgan Lewis Title | White Paper
Litigation Practice

In December 2000, the Supreme Court of California issued its long-awaited ruling in Aas v. Superior Court , regarding the extent to which developers, contractors and subcontractors can be held liable for tort damages for neglig... more

December 2000 DUELING GURUS: How Infomercial King Anthony Robbins Had to Pay A Former Cab Driver for Copyright Infringement

Morgan Lewis Title | White Paper
Intellectual Property

On November 16, 2000, the Ninth Circuit Court of Appeals reinstated a $655,900 jury verdict in favor of former taxi cab driver Wade Cook against Anthony Robbins, the well-known professional motivator. In Wade Cook v. Anthony R... more

December 2000 The Alarming Rise in the Use of Civil Conspiracy Theories in Mass Tort Litigation, The Metropolitan Corporate Counsel

Outside Publication | Article
Brian Shaffer, James Pagliaro, Joseph Duffy

November 2000 California Trial Court Finds Ford Acted Fraudulently by Not Reporting Safety Information to Federal Agenices

Morgan Lewis Title | White Paper
Kathleen Sanzo, J. Cooney, Jr.

Last month, a California Superior Court judge issued an opinion following a nonjury trial in which he ordered the recall of nearly 1.3 million Ford motor vehicles due to Ford's failure to disclose and correct defects in its vehi... more

11/01/00 Earnings Management, Financial Statements, and Securities Fraud: How to Avoid an SEC Investigation, presented at the Securities Law Conference, Miami Dade, Broward, and Palm Beach Counties

Presentation | Speech
Christian Bartholomew

July 2000 What Water Suppliers Need to Know About Toxic Tort Litigation

Outside Publication | Article
Kenneth Rubin

June 2000 New Statutory Regulations for Clean-up of Contaminated Land in England and Wales

Morgan Lewis Title | White Paper
Environmental Industry

A new era in environmental law in England and Wales has begun. On February 16, 2000, the Secretary of State for the Environment, Transport and the Regions (DETR) issued long-expected statutory guidance and regulations (Regulati... more

June 2000 Providing Off-Label Use Information: New Decision Sends Industry One-Half Step Back, Regulatory Affairs Focus

Outside Publication | Article
Kathleen Sanzo

05/23/00 DOJ Enforcement Theories and Responses, presented at the Pharmaceutical Industry Compliance Practices Forum

Presentation | Speech
John Dodds

05/04/00 The Construction Lawyer’s Toolbox, presented at the ABA, Washington, D.C.

Presentation | Speech
Michael Libor

May 2000 Corporations Represented by In-House Counsel in Litigation May Now be Entitled to an Award of Attorney's Fees in California

Morgan Lewis Title | White Paper
Intellectual Property

On May 8, 2000, the California Supreme Court held that in-house counsel “stand in an attorney-client relationship with the corporation and provide comparable legal services.” Consequently, the Court held that a corp... more

02/01/00 Restricting Construction Defect Claims: The Economic Loss Doctrine in Construction Litigation, presented at the ABA and Reconstruct

Presentation | Speech
Michael Libor

January 2000 Aggressive Defense of a "Civil Action", The Metropolitan Corporate Counsel

Outside Publication | Article
Glen Stuart, James Pagliaro, Gayle Gowen

2000 Excluding Bad Acts Evidence For the Experienced, Batting Practice for Veterans, presented to the Pennsylvania Association of Criminal Defense Lawyers

Presentation | Speech
Eric Sitarchuk

January 2000 Ninth Circuit Allows Competitor to Copy Leatherman's "Pocket Survival Tool"

Morgan Lewis Title | White Paper
Intellectual Property

The Ninth Circuit made it easier to knock-off unpatented products. In a case involving the well-known Leatherman “Pocket Survival Tool,” the Court held there was no trade dress protection for that tool even where a ... more

2000 Qui Tam Provisions of the False Claims Act, presented at a Mealey’s Conference, Washington, D.C.

Presentation | Speech
Eric Sitarchuk

11/01/99 Jury Trials in Trademark, Trade Dress, and Unfair Competition Cases, presented at the ALI-ABA Course of Study, Litigating Trademark, Trade Dress and Unfair Competition Cases, Washington, D.C.

Presentation | Speech
Eric Kraeutler

10/22/99 New Legal Problems for Water Suppliers in the New Millennium, presented before the American Water Works Association at a Water Utility Council Meeting, Washington, D.C.

Presentation | Speech
Kenneth Rubin

September 1999 Can A Supplier Be Both A Contractor And Subcontractor For Purposes Of A Mechanic’s Lien Action, American Bar Association Construct!

Outside Publication | Article
Michael Libor

September 1999 Expert Could Not Testify as to Industry-Wide Standards, American Bar Association Construct!

Outside Publication | Article
Michael Libor

09/01/99 Quantifying And Presenting Damages, presented to the Pennsylvania Institute of Certified Public Accountants

Presentation | Speech
Michael Libor

September 1999 United States Supreme Court Issues Decision in Grupo Mexicano de Desarrollo, S.A. de C.V. v. Alliance Bond Fund

Morgan Lewis Title | White Paper
Securities

On June 17, 1999, Morgan, Lewis & Bockius LLP received a favorable decision for firm client Grupo Mexicano de Desarrollo, S.A. in the United States Supreme Court. The case, Grupo Mexicano de Desarrollo, S.A., et al. v. ... more

August 1999 Supreme Court Disallows Mass Tort Mandatory Settlement Class

Morgan Lewis Title | White Paper
Joseph Fay, J. Cooney, Jr., Kevin Donovan

On June 23, 1999, the Supreme Court, in a 7-2 decision, dealt a strong blow to the procedure of settling mass tort damage claims by means of a “mandatory” or “non opt-out” class action. In Ortiz v. Fibr... more

July 1999 From the Seller's Perspective: The Use of Pre-Printed Sales Documents

Morgan Lewis Title | White Paper
J. Jack

In May 1999, we prepared a White Paper that covered issues the buyer of goods should consider when using pre-printed purchase orders. This White Paper sets forth a nonexclusive list of issues that a seller should review when ev... more

July 1999 Proposed Rules Would Blacklist Government Contractors With Unsatisfactory Labor and Employment Records

Morgan Lewis Title | White Paper
Robert Smith, Charles Cohen

The time has come for government contractors to consider newly proposed rules that will adversely affect their ability to secure (and possibly retain) government contracts. On July 9, 1999, regulations were published in the Fed... more

06/01/99 A Civil Action: Defending the Groundswell of New Toxic Tort Cases (seminar handbook)

Presentation | Proceedings
James Pagliaro

Note: Due to the production costs of this handbook, there is a $25 charge for it.

06/01/99 Damage Control: Managing the Inevitable Corporate Crisis, presented at the Practising Law Institute Corporate Compliance 1999 Meeting, New York

Presentation | Speech
Anne Flannery

June 1999 Making Sense of Environmental Justice, Perspectives on Legislation, Regulation and Litigation

Outside Publication | Article
Michael Steinberg

May 1999 Pitfalls Concerning Use of Pre-Printed Purchase Orders

Morgan Lewis Title | White Paper
J. Jack

Many companies use pre-printed purchase order forms for everything from fifty-nine-cent stationery supplies to multi-million dollar pieces of equipment. Often, the purchasing department has used the same form for years without ... more

04/26/99 Surviving OFCCP Scrutiny, Legal Times

Outside Publication | Article
Robert Smith

04/01/99 Recent Appellate Court Decisions Relating to EHB Opinions, presented to the Pennsylvania Bar Institute Environmental Law Forum, Harrisburg

Presentation | Speech
Maxine Woelfling

February 1999 The Implications of Humana Inc. v. Forsyth for the Insurance Industry

Morgan Lewis Title | White Paper
Jay Calvert, Jr.

The regulation of the insurance industry is an area historically reserved to the states. In 1945, concerned by a Supreme Court ruling that applied the Sherman Antitrust Act to the business of insurance, Congress enacted a law d... more

February 1999 The King Never Dies: The Application of Nullum Tempus Occurrit Regi to Statutes of Repose in Product Liability Cases, The Corporate Analyst, Vol. 11

Outside Publication | Article
Brady Green

February 1999 The SEC's Heightened Scrutiny of Financial Reporting Methods and Accountants' Independence, The Metropolitan Corporate Counsel

Outside Publication | Article
Robert Romano

January 1999 Class Action Litigation in the United States: Antitrust Litigation as a Case Study

Morgan Lewis Title | White Paper
Christian Zschocke, Donald Klawiter

The class action is a procedural mechanism that was developed to assure that large numbers of plaintiffs could enforce their rights efficiently. The class action mechanism also prevents a wrongdoer from attaining immunity from ... more

January 1999 Impact of the Pennsylvania Supreme Court's Adoption of Portions of the Principles of Corporate Governance upon Shareholder Derivative Litigation in Pennsylvania: Cuker v. Mikalauskas and Its Progeny, Pennsylvania Bar Association Quarterly

Outside Publication | Article
Brady Green, Marc Sonnenfeld

January 1999 The Commonwealth Court of Pennsylvania Reins in the “Provision of Transportation” Exception to the “Coming and Going” Rule Under Pennsylvania’s Worker’s Compensation Act, American Bar Association Construct!

Outside Publication | Article
Michael Libor

12/08/98 Due Process: The SEC Confronts Regulation of a Global Financial Services Industry, presented a the IBC UK Conferences Limited, London

Presentation | Speech
Anne Flannery

December 1998 Forum: Law Firms Explore New Approaches to Partnering, The Metropolitan Corporate Counsel

Outside Publication | Article
Jay Calvert, Jr.

December 1998 Supervision of Remote Representatives, NSCP Currents

Outside Publication | Article
Anne Flannery

November/December 1998 Supreme Court Dismisses Right-to-Know Suit, Industrial Wastewater

Outside Publication | Article
John McAleese, III

11/01/98 Ethical Issues Arising in Labor and Employment Law, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Banks, J. Cooney, Jr.

10/29/98 Broker-Dealer Supervision of Remote Representatives, presented at the 1998 National NSCP Membership Meeting, Washington, D.C.

Presentation | Speech
Anne Flannery

10/29/98 Overview of Environmental Law, presented at the PLI Corporate Lawyering Conference, Philadelphia

Presentation | Speech
John McAleese, III

10/16/98 Trends in Aggressive Enforcement of State Unclaimed Property Laws presented before the General Counsel Forum, Philadelphia

Presentation | Speech
J. Cooney, Jr.

10/02/98 Construction Litigation, presented at the ABA, Philadelphia

Presentation | Speech
Michael Libor

10/01/98 Clean Air Act: Avoiding or Minimizing Enforcement Exposure, presented at the 12th Annual Environmental Law Developments Seminar, Philadelphia, PA

Presentation | Speech
William Lewis, Jr.

10/01/98 Clean Air Act: State Developments, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

10/01/98 Clean Water Act: Recent Developments, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

10/01/98 Criminal Enforcement of the Environmental Laws, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
John Dodds

10/01/98 How to Conduct Written Discovery in the Civil Case, presented at the PBI's Essentials of Pennsylvania Practice Course, Philadelphia

Presentation | Speech
Karen Pohlmann

10/01/98 Major Clean Air Act Developments at the Federal Level, presented at the 12th Annual Environmental Law Developments Seminar, Philadelphia, PA

Presentation | Speech
William Lewis, Jr.

10/01/98 Occupational Safety and Health Administration Update, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Michael Burkhardt, Dennis Morikawa

10/01/98 Pennsylvania Brownfields Program, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling

10/01/98 Protecting the Environment and Your Business: Proven Techniques of Defending Natural Resource Damage Claims and ECO Risk Assessment, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

10/01/98 Superfund Allocation: Legislative History, the Statute, EPA Guidance, the Case Law and a Case Study, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Glen Stuart

10/01/98 The Ethics Hour: Dealing With Government Officials, Lawyers and Staff - Where the Privileges End - in the White House or in the Courts, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
John McAleese, III, J. Cooney, Jr.

10/01/98 Trends in Civil and Criminal Enforcement: Statistics vs. Perception, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

09/02/98 Defending Yourself While Defending Your Client: Avoiding Obstruction of Justice Charges in Criminal Environmental Investigations, Toxics Law Reporter

Outside Publication | Article
Michael Steinberg

September 1998 ADR As Good Corporate Policy, The Metropolitan Corporate Counsel

Outside Publication | Article
Marc Sonnenfeld

09/01/98 Discovery and Trial in Sexual Harassment Cases from Defense Counsel Perspective, presented at the Glasser Legal Works Seminar, New York

Presentation | Speech
Mark Dichter

September 1998 How to Survive the Millennium: Assessing the Risks for U.S. Businesses, The In-House Lawyer

Outside Publication | Article
Ron Dreben

June 1998 California High Court Limits Cause of Action for Destruction of Evidence

Morgan Lewis Title | White Paper
Wendy K. Kilbride

"The intentional destruction of evidence is a grave affront to the cause of justice and deserves our unqualified condemnation." So held the California Supreme Court in Cedars-Sinai Medical Center v. Superior Court. Yet the cour... more

06/01/98 Class Action Securities Litigation, presented at the ABA 1st Annual National Institute, New York

Presentation | Speech
James Pagliaro

June 1998 Corporate Compliance Programs for Health Care Organizations Take on a New Importance, The Metropolitan Corporate Counsel

Outside Publication | Article
Eric Kraeutler

Summer 1998 Physician Profiles—Consumer Protection or Excessive Exposure? Florida State University Law Review , Vol. 25

Outside Publication | Article
Ann Stewart

06/01/98 Selected Decisions Relating to Contested SEC and SRO Cases and Criminal Securities Prosecutions in 1997 and 1998, presented before the ABA-CLE 1st Annual National Institute on Securities Litigation and Arbitration, New York

Presentation | Speech
Anne Flannery

June 1998 Surviving the Millennium: Your Company and the Year 2000 Problem

Morgan Lewis Title | White Paper
Ron Dreben

The so-called "Year 2000 Problem" is only now gaining broad recognition as a serious and potentially devastating risk affecting all businesses relying on computer or microchip technology. This White Paper discusses the nature o... more

May 1998 Competing Sovereigns, Conflicting Laws: The Foreign Sovereign Compulsion Defense, The Metropolitan Corporate Counsel

Outside Publication | Article
John Dodds

04/20/98 Fixed Income Developments 1998, presented at the Securities Industry Association Annual Legal Compliance Conference, Phoenix, AZ

Presentation | Speech
Robert Mendelson

04/15/98 Model Jury Instructions, presented at the ABA Form on the Construction Industry, Orlando

Presentation | Speech
Michael Libor

April 1998 When Should a Bank Investigate Suspicious Activity?, The Metropolitan Corporate Counsel

Outside Publication | Article
Bernard Garbutt III

03/11/98 What Your Clients Want You to Know About Their Environmental Liability, presented at the Pennsylvania Bar Institute's Administrative Law Forum, Hershey, PA

Presentation | Speech
Maxine Woelfling

03/01/98 Environmental Hearing Board Practice and Procedure, presented to the PBI Administrative Law Symposium, Harrisburg

Presentation | Speech
Maxine Woelfling

1998 Corporate Investigations and Criminal Defense Handbook: A Primer for Business Executives and Legal Counsel on Confronting Government Investigations and Avoiding Your Company's Indictment

Morgan Lewis Title | Deskbook
White Collar Practice

01/01/98 Securities Regulatory Issues at the Dawn of the Age of Computerized Electronic Communication, presented at The 20th Annual Advanced ALI-ABA Course of Study, Washington, D.C.

Presentation | Speech
Robert Mendelson

1998 State Bar of Florida, Fasttrain Publication—How To Write Jury Instructions (co-author)

Outside Publication | Article
Ann Stewart

January 1998 U.S. Supreme Court Reconfirms Trial Court's 'Gatekeeper' Role with Regard to 'Junk Science'

Morgan Lewis Title | White Paper
Amelia C. Kittredge, Wendy K. Kilbride

As a follow-up to its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc ., the U.S. Supreme Court further defined a trial court's "gatekeeper" role with regard to preventing "junk science" from entering the courtroom. In... more

Winter 1997 AT&T v. United States: New Directions for Contract Illegality and Quasi-Equitable Claims?, The Procurement Lawyer, Vol. 32, No. 2

Outside Publication | Article
Brad Fagg

 

December 1997 Protection of Internal Corporate Investigation Materials Under the Attorney-Client Privilege and Work Product Doctrine, The Metropolitan Corporate Counsel

Outside Publication | Article
Anne Flannery

11/20/97 Current Developments in Employment Law, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Wall, Judith Harris, Mark Bravin

11/08/97 The Confusion Continues: Protection of Internal Corporate Investigation Materials Under the Attorney-Client Privilege and Work Product Doctrine, Revisited, presented at The 29th Annual Institute on Securities Regulation, Practising Law Institute, New York

Presentation | Speech
Anne Flannery

10/28/97 Criminal Enforcement of the Environmental Laws, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Eric Kraeutler, William Gardner

10/28/97 Emergency Planning and Community Right to Know Act Update, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John McAleese, III

10/28/97 EPA and State Brownfield Programs, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Judith Walkoff

10/28/97 Judicial Review of Response Actions, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michele Martin

10/28/97 Pennsylvania Clean Air Developments: Battling Permits, Compliance and Regional Pollution, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

10/28/97 Pennsylvania Regulatory Developments, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling, Michele Martin

10/28/97 Project XL: What's the Cost and Is There a Benefit?, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John McAleese, III

10/28/97 Strategic Planning for New Clean Air Standards: Ozone Battles and Other Developments, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

10/28/97 Superfund Reform: How Long Must We Wait?, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michael Steinberg

10/28/97 The Future of Class Actions: Fallout from Amchem, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
James DelBello

10/28/97 Top 10 Environmental Law Developments in the Big 10 Laws That Will Affect You in the Year Ahead, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

October 1997 Clean Air Developments: Fighting for Workable Permit Terms and New Federal Enforcement Issues, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
William Lewis, Jr.

10/01/97 EPA and Citizen Enforcement of the Clean Air Act: From Nightmare to Reality, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
William Lewis, Jr.

10/01/97 Multiple Chemical Sensitivity: Recent Scientific and Legal Trends, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
James Pagliaro

10/01/97 New Jersey Clean Air Developments, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

September 1997 Asbestos Litigation - Supreme Court Decision, The In-House Lawyer

Outside Publication | Article
Joseph Fay, J. Cooney, Jr., James Pagliaro

09/01/97 California Supreme Court Holds That in Asbestos-Related, Latent Injury Cases, Plaintiff May Not Rely on an "Alternative Liability" Theory to Prove Causation

Morgan Lewis Title | White Paper
Wendy K. Kilbride, Jeffery Brown

On August 28, the California Supreme Court rejected jury instructions that attempted to shift the burden of proof of causation from plaintiff to defendant. The court affirmed that in cases of asbestos-related, latent injury, th... more

September 1997 EPA Proposes Policy for Preferential Superfund Settlements with Municipalities, The Metropolitan Corporate Counsel

Outside Publication | Article
Michael Steinberg

08/01/97 California Supreme Court Holds that Date of Diagnosis Or Discovery of Latent Injury Determines Whether Proposition 51 Applies

Morgan Lewis Title | White Paper
Jeffrey Brown, Wendy K. Kilbride

On August 18, the California Supreme Court held that the date of diagnosis or discovery of a latent disease determines whether Proposition 51 applies to a plaintiff’s claim, and not the date on which the first undiscovered... more

August 1997 Confidentiality and ADR: Protecting the Privacy of the Proceedings, The Metropolitan Corporate Counsel

Outside Publication | Article
Marc Sonnenfeld

08/01/97 EPA Proposes Policy for Preferential Superfund Settlements With Municipalities

Morgan Lewis Title | White Paper
Michael Steinberg

On July 11, EPA published a "Municipal Solid Waste Settlement" Policy that, if adopted, will adversely affect commercial and industrial potentially responsible parties. The Proposal signals a new escalation of the long-simmerin... more

08/01/97 Insurers Can Seek Reimbursement of Defense Costs for Claims Not Potentially Covered by a Commercial General Liability Policy

Morgan Lewis Title | White Paper
Robert Jon Hendricks

In Buss v. The Superior Court , 97 Daily Journal D.A.R. 9414 (July 24, 1997), the California Supreme Court ruled that in a "mixed" lawsuit, where there are potentially covered and uncovered claims an insurer can seek reimb... more

August 1997 Megafirm Attorneys Agree: Litigation is Up, 'We Need More Lawyers', U.S. Business Litigation, Vol. 2, No. 13

Outside Publication | Article
Jay Calvert, Jr.

07/01/97 The Supreme Court's Decision in Amchem Products, Inc. v. Windsor

Morgan Lewis Title | White Paper
Joseph Fay, James Pagliaro, J. Cooney, Jr.

The U.S. Supreme Court in Amchem Products, Inc. V. Windsor _U.S._, No. 96-270, 1997 U.S. LEXIS 4032 (June 25, 1997) held that while the existence of a settlement may be relevant to the class certification, a putative class... more

06/01/97 New AAA Rules for International Arbitration Present Uncertainties

Morgan Lewis Title | White Paper
Markham Ball

The American Arbitration Association (AAA) has amended its Internal Rules of arbitration. The amendments are effective as of April 1, 1997. The amendments include some procedural changes that improve on the previous rules. They... more

05/09/97 The Attorney-Client Privilege and Work Product Doctrine in ERISA Practice, presented at the Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Joseph Costello

May 1997 Pennsylvania Considers Establishing a Commerce Court, The Metropolitan Corporate Counsel

Outside Publication | Article
Marc Sonnenfeld

05/01/97 Pennsylvania Supreme Court Adopts ALI Procedures for Termination of Shareholder Derivative Suits by Directors

Morgan Lewis Title | White Paper
Brady Green, Marc Sonnenfeld

On April 21, the Pennsylvania Supreme Court handed down a unanimous opinion that could be important to any publicly held corporation. In Cuker v. Mikalauskas , the Court endorsed Pennsylvania's use of the "business judgment ru... more

04/01/97 A Chemical Industry Perspective on EPA's Superfund Administrative Reforms, presented at The 17th Annual RCRA/CERCLA and Private Litigation Update, Washington, D.C.

Presentation | Speech
Michael Steinberg

04/01/97 The New English Arbitration Act and How to Use it

Morgan Lewis Title | White Paper
Litigation Practice

London has long been a favored site for international arbitration. The English Arbitration Act of 1996, which took effect on January 31, 1997, is part of a series of reforms of judicial process in England. The new Arbitration A... more

02/06/97 E-Mail in the Workplace: An Employer's Guide to Privacy Law, presented at The Price Waterhouse LLP General Counsel Forum, Washington, D.C.

Presentation | Speech
Thomas Linthorst

February 1997 Exporting to the USA: Product Liability and How to Avoid It, Engineering Management Journal

Outside Publication | Article
James Pagliaro

01/01/97 Caremark International, Inc.: Delaware Chancery Court Provides Guidance on Corporate Directors' Duty to Assure Compliance with Government Regulation

Morgan Lewis Title | White Paper
Courtney A. Smith, Eric Rothenberg

On September 25, 1996, the Delaware Chancery Court handed down its decision in In Re: Caremark International, Inc. Derivative Litigation , No. 13670, 1996 WL 5498894. The decision was rendered on a motion to approve, as fair a... more

12/16/96 What Every Real Estate and Business Lawyer Should Know About Environmental Law-Brownfields, Empowerment Zones, and Act 2, presented before the Pennsylvania Bar Institute, Harrisburg

Presentation | Speech
Maxine Woelfling

12/04/96 Emission Reduction Credit Trading in Pennsylvania, presented at the Philadelphia Bar Association's Annual Educational Conference, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

Winter 1996 E-Mail In The Workplace: How Much Is Private?, Society for Human Resource Management

Outside Publication | Article
Thomas Linthorst

December 1996 EPA's Superfund Reforms: A Report on the First Year of Implementation

Outside Publication | Article
Michael Steinberg

Winter 1996 Exporting to the U.S.: Product Liability and How to Avoid It, Engineering Management Journal

Outside Publication | Article
James Pagliaro

11/18/96 Confidentiality and ADR: Protecting the Privacy of the Proceedings, The Legal Intelligencer

Outside Publication | Article
Marc Sonnenfeld

11/02/96 Between a Rock and a Hard Place: Internal Corporate Investigations and the Attorney-Client Privilege, presented at the Practising Law Institute's 28th Annual Institute on Securities Regulation, New York

Presentation | Speech
Anne Flannery

11/01/96 Multiple Chemical Sensitivity: Recent Scientific, Political and Legal Trends

Morgan Lewis Title | White Paper
James Pagliaro

Multiple Chemical Sensitivity (MCS) is a condition in which patients complain of symptoms allegedly caused by repeated exposures to common chemicals in the environment. After their initial triggering exposure, patients report a... more

November 1996 Recent Decisions on the Attorney-Client Privilege and Their Impact on Internal Corporate Investigations, The Metropolitan Corporate Counsel

Outside Publication | Article
Anne Flannery

November 1996 U.S. Product Liability and Preemption Under the Medical Device Amendments: The Business Implications of the Supreme Court's Medtronic Decision, Legal Mind, Vol. 152, Japan

Outside Publication | Article
Kathleen Sanzo, James Pagliaro

10/02/96 CERCLA Litigation - Recent Developments and Pending Uncertainties, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Glen Stuart

10/02/96 Clean Water Act Recent Developments, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling, John McAleese, III

10/02/96 Criminal Enforcement of the Environmental Laws, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John Dodds

10/02/96 Environmental Audit Programs -- Environmental Auditing is a Systematic, Documented, and Objective Review of Facility Operations and Practices Related to Meeting Environmental Requirements, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John McAleese, III

10/02/96 EPA's Superfund Administrative Reforms: The Road to a Better Superfund Program?, Presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michael Steinberg

10/02/96 Major Clean Air Act Developments at the Federal Level, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
William Lewis, Jr.

10/02/96 New EPA 'Self-Policing Policy' Reduces Penalties for Voluntarily Reported Violations Uncovered in Environmental Audits, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michael Steinberg

10/02/96 New Jersey Clean Air Developments, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Jeffrey Hurwitz

10/02/96 Pennsylvania Clean Air -- Battling Nonattainment, Permits, Compliance, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michele Martin, Jeffrey Hurwitz

10/02/96 Pennsylvania's Land Recycling Program, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling

10/02/96 Recent Developments in Environmental Litigation, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
James Pagliaro

10/02/96 Risk Management-Identifying and Avoiding Potential Environmental Problems: EPA's Audit Policy, EPA's New Accidental Release Prevention Requirements Rule, and ISO 14000, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

10/02/96 The National Brownfields Initiative - Encouraging Cleanup and Redevelopment Within the Existing Regulatory Framework, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling

10/01/96 Congress Amends Superfund Law to Provide Protection for Lenders and Fiduciaries

Morgan Lewis Title | White Paper
Michael Steinberg

In the final days of the 104th Congress, banks and other lenders obtained long-awaited relief from liability arising from the ownership of contaminated property. On September 30, President Clinton signed into law the Asset Cons... more

10/01/96 Fraud and Abuse Provisions of the Health Insurance Portability and Accountability Act of 1996

Morgan Lewis Title | White Paper
Melissa Weiler Gerber, John F. Bales III

This White Paper discusses many of the fraud and abuse-related provisions of the Health Insurance Portability and Accountability Act of 1996 (the Health Insurance Act). This legislation contains provisions that establish fraud ... more

08/15/96 Defending a Corporate Criminal Investigation, presented to the Central Pennsylvania Chapter of American Corporate Counsel Association, Harrisburg

Presentation | Speech
Eric Kraeutler

August 1996 Central Bank of Denver and the Private Securities Litigation Reform Act of 1995: Something Left Unsaid, The Metropolitan Corporate Counsel

Outside Publication | Article
Bernard Garbutt III

08/01/96 New Law Imposes Sanctions on U.S. and Foreign Companies Investing in Iran and Libya

Morgan Lewis Title | White Paper
James Glasgow, Dorothy Black

Against the opposition of the European allies, President Clinton signed into law the "Iran and Libya Sanctions Act of 1996" (the Act) on August 5, 1996. Aimed at international energy companies, the Act requires the President to... more

08/01/96 Product Liability and Preemption Under the Medical Device Amendments: The Business Implications of Medtronic, Inc. v. Lohr

Morgan Lewis Title | White Paper
Kathleen Sanzo, James Pagliaro

In a decision that will have a substantial impact on common law-based state product liability cases involving medical devices, and potentially other types of products as well, the U.S. Supreme Court, in Medtronic v. Lohr ,... more

08/01/96 Stockbroker's Post-Petition Liquidation of Pre-Owned Stock After Margin Call is Exempt from Automatic Stay

Morgan Lewis Title | White Paper
Richard Esterkin

In a decision that may significantly broaden the definition of "securities contracts" that are exempted from the operation of the automatic stay, the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals recently rule... more

08/01/96 Stockbroker's Post-Petition Liquidation of Pre-Owned Stock After Margin Call is Exempt from Automatic Stay: ML&B White Paper

Morgan Lewis Title | White Paper
Richard Esterkin

07/01/96 President Clinton Postpones Lawsuits Against Foreign 'Traffickers' in Cuban Property, But State Department Excludes Traffickers from Entering the United States

Morgan Lewis Title | White Paper
Dorothy Black, Mark Bravin

This paper discusses implementation of Titles III and IV of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. Title III, the provision that creates a private right of action in U.S. courts against "traffickers... more

06/19/96 Globalization of U.S. Labor Unions: Symposium on Private Investments Abroad, Dallas, TX

Presentation | Speech
Charles O'Connor

06/04/96 Deciding Whether to Settle or Litigate With the Commission: A Survey of SEC Civil Enforcement Cases, presented at the American Conference Institute Fourth Annual Securities Litigation and Enforcement Conference, Miami

Presentation | Speech
Anne Flannery, Judith Romaine

06/01/96 Kareem Abdul-Jabbar Sues General Motors for Allegedly Misappropriating His Identity

Morgan Lewis Title | White Paper
Jeffrey Brown

In Abdul-Jabbar v. General Motors Corp., the Ninth Circuit reversed summary judgment for General Motors and its advertising agency with regard to Kareem Abdul-Jabbar's claims that General Motors violated the Lanham Act and Calif... more

05/01/96 Commerce Department Overhauls and Streamlines Export Control Regulations

Morgan Lewis Title | White Paper
Joseph P. Griffin, Gregory S. Menegaz

The U.S. Department of Commerce recently published an "interim rule" that dramatically restructures the regulatory regime governing export and reexport controls on non-military and dual-use items and technical data within the ju... more

05/01/96 Computer Aided Discovery and On-Line Depositions, presented at the ABA Forum on the Construction Industry, Dallas

Presentation | Speech
Michael Libor

05/01/96 Court Orders EPA to Develop Federal Water Quality Standards for Pennsylvania: Proffitt Foundation v. EPA

Morgan Lewis Title | White Paper
Maxine Woelfling

One of the most contentious and potentially costly issues under the Clean Water Act is the implementation of rules to identify high quality streams and protect their water quality. EPA has developed requirements for such "antid... more

May 1996 Emission Reduction Credit Trading in Pennsylvania, Pennsylvania Bar Association: Environmental, Mineral and Natural Resources Law Section Newsletter

Outside Publication | Article
Jeffrey Hurwitz

04/17/96 Asbestos in Buildings: New Regulatory Requirements Imposed by OSHA Warrant Prudence, Not Panic, presented at the Indoor Environment '96: Strategies for the New Republican Era conference, Baltimore

Presentation | Speech
James Pagliaro

04/16/96 Analyzing Delay and Schedule Extension Claims, presented at a ML&B in-house Construction Law Seminar, Philadelphia

Presentation | Speech
Michael Libor

04/12/96 EPA's New National Remedy Review Board Aims to Improve Superfund Decisions, Environment Reporter, The Bureau of National Affairs, Inc.

Outside Publication | Article
Michael Steinberg

April 1996 Business Should Act Now to Explore EPA's Superfund Reforms, The Metropolitan Corporate Counsel

Outside Publication | Article
Michael Steinberg

04/01/96 Congress Overturns Key Court Decision That Required Additional Treatment of Industrial Wastewaters

Morgan Lewis Title | White Paper
Michael Steinberg

In 1992, the U.S. Court of Appeals for the District of Columbia Circuit ruled that an arcane provision of the Resource Conversation and Recovery Act (RCRA), the primary federal hazardous waste law, required additional treatment ... more

03/01/96 'Libertad' Act Imposes New Sanctions for Traders with Cuba

Morgan Lewis Title | White Paper
Dorothy Black, Mark Bravin

 This paper discusses the "Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996," which President Clinton signed into law on March 12. The new law expands Cuban sanctions into international arena by targeting int... more

02/01/96 Impact of New FinCEN Regulations Concerning The Filing of Suspicious Activity Reports (SARs)

Morgan Lewis Title | White Paper
David S. Mandel

Bank Secrecy Act (BSA) regulations mandate that "[e]very bank shall file... a report of any suspicious transaction relevant to a possible violation of law or regulation." 31 CFR §103.21(a). On February 5, the U.S. Treasury... more

01/29/96 Most Favored Nation Pricing in the Health Care Industry, presented at the Pennsylvania Bar Institute's 2nd Annual Health Law Institute Meeting, Philadelphia

Presentation | Speech
Jay Calvert, Jr.

01/13/96 Arbitrations -- Has the Favored Child Become Spoiled? A Look at How Arbitration Has Fared In Resolving Securities and Employment Disputes, Attorney Interviews with Branch Office Manager and Account Executive: Assessing the Case and Development of a Strategic Plan for Defense, presented at the American Bar Association, Section of Litigation Annual Meeting, Miami

Presentation | Speech
Anne Flannery, Mark Muschenheim

01/01/96 Litigation-Related Provisions of the Securities Litigation Reform Act of 1995

Morgan Lewis Title | White Paper
Lisa Wager

Title 1 of the Act, captioned Reduction of Abusive Litigation, focuses on abuses involving the use of "professional plaintiffs" and the race to the courthouse to file the complaint. It substantially impacts who may bring and pu... more

01/01/96 New EPA 'Self-Policing Policy' Reduces Penalties for Voluntarily Reported Violations Uncovered in Environmental Audits

Morgan Lewis Title | White Paper
Michael Steinberg

On December 22, the U.S. Environmental Protection Agency issued a major new policy statement, "Incentives for Self-policing: Discovery, Disclosure, Correction and Prevention of Violations, "60 Fed. Reg. 66,706. This Self-Helpin... more

01/01/96 Securities and Auditor-Related Provisions of the Securities Litigation Reform Act of 1995

Morgan Lewis Title | White Paper
Lisa Wager

In response to concerns that public companies have been unduly deterred from disclosing relevant information about future performance, the Act provides two significant exemptions from liability under the anti-fraud provisions of... more

December 1995 Lawyers Beware: The SEC is Back and Looking for You, Metropolitan Corporate Counsel

Outside Publication | Article
Anne Flannery

12/01/95 The Lobbying Disclosure Act of 1995

Morgan Lewis Title | White Paper
M. Elizabeth Bierman, John Daniel

On December 19, President Clinton signed into law the Lobbying Disclosure Act of 1995, which significantly amends the lobbying registration and reporting requirements that have been in effect since 1946. The new law, which is e... more

11/16/95 Preserving Privileged Information Within An Organization, presented at The Price Waterhouse General Counsel Forum, West Conshohocken, PA

Presentation | Speech
Michael Bloom

11/10/95 The Impact of New Environmental Liability and Remediation Standards on Credit and Trust Transactions: Pennsylvania Industrial Site Reuse Laws Seminar, Harrisburg, PA

Presentation | Speech
Maxine Woelfling, Michele Martin

11/01/95 Drafting an Arbitration Clause

Morgan Lewis Title | White Paper
Markham Ball

I have been asked to suggest a model arbitration clause--preferably, a clause that can be used in all kinds of contracts, in both domestic and international transactions There is good news and bad news. The bad news is th... more

November 1995 EC Directive on Strict Liability: How Europe Has Avoided an American-Style Product Liability Crisis Under a Strict Liability Regime, European Community Law

Outside Publication | Article
Brady Green, James Pagliaro

11/01/95 Train Wreck: The Effect of a Lapse in Appropriations On Government Contractors

Morgan Lewis Title | White Paper
Marcia G. Madsen, Lorenzo F. Exposito

The purpose of this White Paper is to alert government contractors of risks they could face if a lapse in appropriations causes the federal government to shut down. Subject to certain exceptions of the Antideficiency Act, contr... more

10/06/95 Environmental Justice and RCRA Permits: Nothing is Quite What It Seems, Environment Reporter, The Bureau of National Affairs, Inc., Vol. 26, No. 22

Outside Publication | Article
Michael Steinberg

10/01/95 Federal Search Warrants Checklist for Corporate Counsel

Morgan Lewis Title | White Paper
Eric Kraeutler

It is 8:30 a.m. You are finishing your first cup of coffee and preparing for a busy day when the telephone rings. It is the plant manager for one of your company's largest manufacturing facilities. Four carloads of government a... more

October 1995 Special Considerations for Drug and Medical Device Litigation, Product Liability: Winning Strategies and Techniques

Outside Publication | Chapter
A. Lauren Carpenter

Fall 1995 Default Terminations for Failure to Make Progress,

Public Contract Law Journal, Vol. 25, No. 1

Outside Publication | Article
Brad Fagg

08/08/95 The Summit of the Americas and International Commercial Arbitration: From Miami to Denver and Beyond, presented at the Annual Meeting of the American Bar Association at the Joint Session of the Inter-American Law Committee and the Mexican Law Committee, Chicago

Presentation | Speech
Salvador Juncadella

August 1995 Balance Due: Courts Continue to Struggle With the Status Accorded Environmental Cleanup Costs in Bankruptcy Proceedings, Los Angeles Lawyer

Outside Publication | Article
Richard Esterkin

06/01/95 Pennsylvania Industrial Site Reuse Law: Redevelopment and Financing of Contaminated Sites

Morgan Lewis Title | White Paper
Maxine Woelfling

This White Paper discusses Pennsylvania legislation enacted on May 19 to encourage the ruse of old industrial and commercial property. Companies may choose from three cleanup options, each providing statutory protection from li... more

05/19/95 Recent Enforcement Developments: A Survey of the SEC's Application of Its Authority Under the 1990 Remedies Act, Parallel Proceedings and SEC Initiatives Against Investment Advisers, presented at the American Conference Institute, Securities Litigation & Enforcement, New York

Presentation | Speech
Anne Flannery, Robert Kaplan

04/27/95 Clean Air Act Developments, Title V Permitting and State Programs, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michele Martin, Jeffrey Hurwitz

04/27/95 Criminal Enforcement of the Environmental Laws, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John Dodds, Kenneth Rubin

04/27/95 Environmental Justice Initiatives, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling

04/27/95 Federal Justice Center Reference Manual On Scientific Evidence, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
James Pagliaro

04/27/95 ISO 14000 Environmental Management Systems Standards, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

04/27/95 New Jersey Clean Air Developments, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Robert White, Jeffrey Hurwitz

04/27/95 New Jersey Developments, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Robert White

04/27/95 Pennsylvania Developments, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Maxine Woelfling, John McAleese, III

04/27/95 Recent Developments in Bankruptcy Law As Applied to Environmental Issues, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John McAleese, III

04/27/95 Recent Developments Involving the Regulation of Dangerous Chemicals in the European Union, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

04/27/95 Superfund Reauthorization and Repeal of Retroactive Liability in the 104th Congress, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Michael Steinberg

02/20/95 Does the Lanham Act Apply to Color Per Se?, The National Law Journal

Outside Publication | Article
Michael Clayton

02/01/95 EPA and State 'Brown Field' Programs Encourage Industry, Investors and Lenders to Redevelop Contaminated Sites

Morgan Lewis Title | White Paper
Eric Rothenberg

The U.S. Environmental Protection Agency (USEPA) and the states are offering new ways to protect industry, investors and lenders from environmental liability where they are willing to redevelop existing industrial properties, or... more

February 1995 The Common Sense Legal Reform Act, Title I: Product Liability Reform, The Legal Intelligencer

Outside Publication | Article
James Pagliaro

01/01/95 California Court of Appeals Holds That California Statute of Limitations Cuts Off Pollution Claim

Morgan Lewis Title | White Paper
Jeffrey Brown

On December 22, 1994, the California Court of Appeal for the First Appellate District (San Francisco) held that a claim arising from an underground storage tank leak was barred by California's 10-year latent construction defect ... more

01/01/95 Environmental Regulation and the Republican 'Contract With America'

Morgan Lewis Title | White Paper
John Daniel, Michael Steinberg

The newly installed Republican-controlled Congress is considering sweeping legislation that will affect most federal environmental programs. These proposals grow out of the Republican "Contract With America" and they seek to ch... more

11/14/94 Defeating the Absolute Pollution Exclusion, Pennsylvania Law Weekly

Outside Publication | Article
John Goodchild, III

11/07/94 Chemical Regulation, presented at a ML&B Environmental Law Seminar, Princeton

Presentation | Speech
Kenneth Rubin

11/07/94 Defending Against Enforcement Actions, presented at a ML&B Environmental Law Seminar, Princeton

Presentation | Speech
John Dodds

11/07/94 Environmental Issues in Business Transactions, presented at a ML&B Environmental Law Seminar, Princeton

Presentation | Speech
Judith Walkoff

11/07/94 Insurance Coverage and Civil Litigation, presented at a ML&B Environmental Law Seminar, Princeton

Presentation | Speech
Robert White

11/07/94 Introduction to Clean Water Act 33 U.S.C. SS 1251 to 1376, presented at a ML&B Environmental Law Seminar, Princeton

Presentation | Speech
Kenneth Rubin

11/04/94 Survey of Recent Enforcement Developments - Maximizing the Penalties for Violative Conduct, presented at the 26th Annual Institute on Securities Regulation, Practising Law Institute, New York

Presentation | Speech
Anne Flannery, Judith Romaine

10/12/94 Dealing with the Whistleblower, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Banks

10/01/94 Parallel Proceedings: Responding Concurrently to the SEC, the SROs, the State and the Justice Department, presented at the Twenty-Second Annual Securities Regulation Institute, New York

Presentation | Speech
Anne Flannery, James Conway

08/25/94 Testimony before the Pennsylvania Senate Environment and Energy Committee re: Operating Permit Program, Allentown, PA

Presentation | Speech
William Lewis, Jr.

07/01/94 Employee Trip Reduction Requirements -- Delaware, New Jersey, New York and Pennsylvania

Morgan Lewis Title | White Paper
Lawrence Fine, Judith Walkoff

This White Paper discusses recent Pennsylvania, New Jersey, Delaware and New York regulations that require employers with 100 or more employees at a work site, to develop programs that reduce vehicle miles traveled commuting to ... more

07/01/94 Ninth Circuit Resolves Status of Post-Petition, Pre-Assumption/Rejection Rent Obligation Arising in Bankruptcy

Morgan Lewis Title | White Paper
Barry V. Freeman, Jeffrey M. Reisner

On June 20, 1994, the Ninth Circuit Court of Appeals ruled that a landlord of non-residential real property is entitled to an administrative expense claim at the full rate specified in the lease for the debtor’s post-petit... more

July 1994 U.S. Supreme Court Denies Recovery of Attorney's Fees in Private Party Superfund Cases, The Metropolitan Corporate Counsel

Outside Publication | Article
Michael Steinberg

07/01/94 U.S. Supreme Court Holds Local Solid Waste Flow Control Ordinance Unconstitutional

Morgan Lewis Title | White Paper
Sara Alyea

The U.S. Supreme Court in C & A Carbone, Inc. v. Clarkstown recently held that a local solid waste flow control ordinance violated the Commerce Clause of the U.S. Constitution. Many local governments have enacted flow contr... more

06/03/94 Survey of Recent SRO Disciplinary Activity and Summary of the Forthcoming ABA Task Force Report on the SRO Disciplinary Process, presented at a Securities and Exchange Commission sponsored conference, Washington, D.C.

Presentation | Speech
Anne Flannery, John Baumgartner, Jr.

June 1994 Time For A Change: A Re-Examination of the Settlement Policies of the Securities and Exchange Commission, Washington and Lee Law Review, Vol. 51, No. 3

Outside Publication | Article
Anne Flannery

06/01/94 Update on Management of Ash From Combustion of Household and Commercial Wastes at Resource Recovery

Morgan Lewis Title | White Paper
Mark Pennington

The U.S. Environmental Protection Agency ("EPA") has developed a preliminary strategy for implementing the U.S. Supreme Court's ruling in City of Chicago v. Environmental Defense Fund. In that case, the Court held that municipa... more

05/01/94 Management of Ash from Combustion of Household Waste at Resource Recovery Facilities: ML&B White Paper

Morgan Lewis Title | White Paper
Mark Pennington

05/01/94 The Impact of Electromagnetic Fields on Property Value: ML&B White Paper

Morgan Lewis Title | White Paper
Eric Rothenberg

03/18/94 Mechanics’ Liens and Construction Bonds in Pennsylvania, presented at the Cambridge Institute, Harrisburg

Presentation | Speech
Michael Libor

02/22/94 Definition of Solid and Hazardous Waste, presented at a Washington, D.C. mini-course on Federal pollution control laws

Presentation | Speech
Michael Steinberg

02/01/94 D.C. Court Vacates Lender Liability Rule: ML&B White Paper

Morgan Lewis Title | White Paper
Eric Rothenberg

February 1994 Penalties for SDWA and CWA Violations, Journal AWWA

Outside Publication | Article
Kenneth Rubin

01/18/94 Federal Anti-Referral and Anti-Kickback Issues: Physician Recruitment and Acquisition of Physician Practices, presented at ML&B Nonprofit Health Care Seminar, Philadelphia

Presentation | Speech
John Dodds

01/01/94 Lender Liability - 1994 Update: ML&B White Paper

Morgan Lewis Title | White Paper
Litigation

11/19/93 Dealing With Environmental Concerns in Workouts and Bankruptcies, presented at Executive Enterprises' Workouts, Bankruptcy and Restructurings: Successful Strategies to Restructure Problem Loans seminar, Los Angeles

Presentation | Speech
Richard Esterkin

11/01/93 Superfund Liability Not Extended to Consulting Engineer: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew D. Ness

10/27/93 Managing Property Owners' Liability for Lead Exposures, presented at Lead Tech 1993 Conference and Exhibition, Washington, D.C.

Presentation | Speech
A. Lauren Carpenter

10/21/93 Citizen Suits Under The Clean Water Act, presented at ML&B Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
John McAleese, III

10/21/93 Key Regulatory Developments in 1992-1993 Under The New Clean Air Act, presented at ML&B Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
William Lewis, Jr.

10/21/93 New Jersey's Industrial Site Recovery Act: 'A Rose By Any Other Name...', presented at ML&B Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Robert White

10/21/93 Recent Developments in Toxic Substances Control Act and Federal Insecticide, Fungicide & Rodenticide Act, presented at ML&B Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

10/01/93 Construction Claims Under Pennsylvania Law, presented at the Cambridge Institute, Harrisburg

Presentation | Speech
Michael Libor

October 1993 Report of the Ninth Statewide Investigating Grand Jury

Outside Publication | Article
John Dodds, Eric Kraeutler

The report of the Ninth Pennsylvania State Wide Grand Jury (in re: Pennsylvania Supreme Court) under the investigation conducted by the Office of Special Counsel to the Pennsylvania State Attorney General's Office

08/01/93 New Jersey Environmental Cleanup Responsibility Act Undergoes Major Revision: ML&B White Paper

Morgan Lewis Title | White Paper
John McAleese, III

08/01/93 New Jersey Supreme Court Decides Key Environmental Insurance Issues in Morton International v. General Accident Insurance Company of America, et al.: ML&B White Paper

Morgan Lewis Title | White Paper
Suzan E. DeBusk

07/01/93 Scientific Evidence in the Federal Courts: The Supreme Court's Decision in Daubert v. Merrell Dow Pharmaceuticals: ML&B White Paper

Morgan Lewis Title | White Paper
Eric Rothenberg, John Linsenmeyer

06/16/93 Pennsylvania Ozone Nonattainment Criteria for Emissions Trading, presented to the Pennsylvania Chamber of Commerce, Harrisburg

Presentation | Speech
Jeffrey Hurwitz

05/01/93 Ninth Circuit Holds That Companies are not Required to Disclose Internal Financial Projections to the Public: ML&B White Paper

Morgan Lewis Title | White Paper
Loyd P. Derby, Laura A. Vossman

03/19/93 Mechanics’ Liens and Construction Bonds Under Pennsylvania Law, presented at the Cambridge Institute, Harrisburg

Presentation | Speech
Michael Libor

02/01/93 California Court Holds That Plaintiffs Can Pursue Claim for Future Medical Monitoring Costs To Detect Onset of Disease Caused By Exposure To Pollutants: ML&B White Paper

Morgan Lewis Title | White Paper
Jeffrey Brown

02/01/93 California Court of Appeal Interprets Key Provisions of Comprehensive General Liability Policy For Environmental Liability

Morgan Lewis Title | White Paper
Jeffrey Brown

02/01/93 Pennsylvania Hazardous Waste Management Regulations (PK-4): ML&B White Paper

Morgan Lewis Title | White Paper
Kenneth R. Myers, Robert L. Collings, Brian J. Clark, Matthew C. Bernstein

01/01/93 California Court of Appeal Holds That Service By Certified Mail On Japanese Corporation Is Invalid: ML&B White Paper

Morgan Lewis Title | White Paper
Jeffrey Brown

January 1993 Influencing Regulations Through Litigation, AWWA Journal

Outside Publication | Article
Kenneth Rubin

01/01/93 Lender Liability - 1993 Update: ML&B White Paper

Morgan Lewis Title | White Paper
Litigation

01/01/93 The Pennsylvania PK-4 Hazardous Waste Regulations: A Summary and Analysis, presented to the Pennsylvania Chamber of Business and Industry Educational Foundation

Presentation | Speech
Jeffrey Hurwitz

01/01/93 United States District Court Grants Summary Judgment Against Bankruptcy Trustee of Interstate Motor Carrier In Freight Undercharge Case on Bankruptcy Law Grounds: ML&B White Paper

Morgan Lewis Title | White Paper
Barry V. Freeman, Alan M. Kindred, Deanna L. Ballesteros

11/05/92 International Developments: North American Free Trade, Maquiladoras and Other Environmental Concerns in the U.S. -- Mexico Border Area, presented at a ML&B Environmental Law Seminar, Philadelphia

Presentation | Speech
Kenneth Rubin

11/05/92 Voluntary Self-Policing and Self-Reporting: The Benefits and Risks of Environmental Auditing, presented at a ML&B Environmental Law Seminar, Philadelphia

Presentation | Speech
Eric Kraeutler

11/01/92 Construction Contractor Found Liable Under Superfund for Hazardous Waste Cleanup Costs: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew D. Ness, Gerald T. Neilsen

11/01/92 Two Recent Decisions Clarify the Safety Responsibilities of Engineers, Architects and Construction Managers: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew D. Ness, Gerald T. Neilsen

Fall 1992 The Trigger of Coverage for Environmental Insurance and Obtaining Coverage Under Lost Policies, presented at MCLE Seminar, Boston

Presentation | Speech
A. Lauren Carpenter

10/23/92 Construction Claims Under Pennsylvania Law, presented at the Cambridge Institute, Philadelphia

Presentation | Speech
Michael Libor

September 1992 Reasonably Available Control Technology Under the Clean Air Act: Is EPA Following Its Statutory Mandate?, The Harvard Environmental Law Review, Vol. 16, No. 2

Outside Publication | Article
William Lewis, Jr.

08/01/92 California Supreme Court Holds That The Only Grounds To Vacate Or Modify Private Arbitration Awards Are Those Specified By Statute: ML&B White Paper

Morgan Lewis Title | White Paper
Jeffrey Brown

07/01/92 Provisional Remedies Attachment, Claim and Deliver and Receivers, presented at an in-house seminar concerning provisional remedies in the state of California

Presentation | Speech
Richard Esterkin

July 1992 Splintered Coalition: High Court Eases Product Liability Hurdle, The Corporate Counsellor, Vol. 7, No. 2

Outside Publication | Article
J. Cooney, Jr.

07/01/92 The 1992 Earth Summit: Effect on U.S. and International Businesses: ML&B White Paper

Morgan Lewis Title | White Paper
Eric Rothenberg

June 1992 EPA's Reinstatement of the Mixture and Derived-from Rules, Journal of Environmental Regulation

Outside Publication | Article
Michael Steinberg

06/01/92 Losing Privileges By Cooperating With The Government: The Westinghouse Electric Decision

Morgan Lewis Title | White Paper
Eric Kraeutler

05/01/92 EPA Issues Final Rule Exempting Lenders From Superfund Liability: ML&B White Paper

Morgan Lewis Title | White Paper
Eric Rothenberg

05/01/92 Lender Liability - 1992 Update: ML&B White Paper

Morgan Lewis Title | White Paper
Litigation

April 1992 The Demise of EPA's 'Mixture' and 'Derived-From' Rules?, Journal of Environmental Regulation, Vol. 1, No. 3

Outside Publication | Article
Michael Steinberg

03/20/92 Mechanics’ Liens and Construction Bonds Under Pennsylvania Law, presented at the Cambridge Institute, Philadelphia

Presentation | Speech
Michael Libor

03/01/92 California Court Of Appeal Holds That Comprehensive General Liability Insurance Policies May Cover Pollution Claims Even Though The Pollution Was First Discharged Before The Effective Date Of The Policies: ML&B White Paper

Morgan Lewis Title | White Paper
Jeffrey Brown

03/01/92 Outline of Pilot Program for Compliance With New Operating Permit and Related Requirements Under 1990 Clean Air Act Amendments: ML&B White Paper

Morgan Lewis Title | White Paper
William Lewis, Jr.

03/01/92 Pending Revisions to Pennsylvania Hazardous Waste Management Regulations (PK-4): ML&B White Paper

Morgan Lewis Title | White Paper
Kenneth R. Myers, Brian J. Clark

02/13/92 Winning Contract Claims, presented at the 1992 PICPA Construction Industry Seminar, Philadelphia

Presentation | Speech
Michael Libor

02/10/92 Proposal Is Based on CERCLA, The National Law Journal

Outside Publication | Article
Brady Green, James Pagliaro

01/01/92 California's New Comprehensive Permit By Rule Regulations for Non-RCRA Hazardous Waste Treatment Facilities: ML&B White Paper

Morgan Lewis Title | White Paper
C. G. Gordon Martin, Diana Pfeffer Martin

01/01/92 Cleanup Costs Incurred to Comply With Consent Decrees Are Covered Under CGL Policy: ML&B White Paper

Morgan Lewis Title | White Paper
Jeffrey Brown

01/01/92 Supreme Court Protects Undersecured Creditors From Reduction of Liens in Bankruptcy: ML&B White Paper

Morgan Lewis Title | White Paper
Thomas Henry Coleman, Nicholas A. Franke

11/19/91 Regulatory Developments Since Passage of The New Clean Air Act, presented at the Inside EPA Clean Air Conference, presented at the Inside EPA Clean Air Conference

Presentation | Speech
William Lewis, Jr.

11/13/91 Superfund/Superfund Development, presented at a ML&B Environmental Law Seminar, Los Angeles

Presentation | Speech
James Pagliaro

11/01/91 Environmental Litigation Techniques Twenty-Two Pointers For 1992, presented at the Practising Law Institute's 'Litigation Management Supercourse

Presentation | Speech
Kenneth Rubin

11/01/91 Sentencing Guidelines For Organizational Defendants Emphasize Corporate Self-Policing: ML&B White Paper

Morgan Lewis Title | White Paper
Edward S. G. Dennis, Jr., David S. Rifkind

10/31/91 Civil Enforcement Under The Clean Air Act, presented at a ML&B Environmental Law Seminar, Philadelphia

Presentation | Speech
William Lewis, Jr.

10/31/91 Current Developments In Environmental Insurance Litigation, presented at a ML&B Environmental Law Seminar, Philadelphia

Presentation | Speech
William Quinn, Jr.

10/31/91 Hazardous Materials Transportation, presented at a ML&B Environmental Law Seminar, Philadelphia

Presentation | Speech
John McAleese, III

10/02/91 Hazardous Waste Management in the United States, presented at a ML&B Environmental Law in the U.S.A. and the European Community Seminar, Tokyo

Presentation | Speech
Kenneth Rubin

10/02/91 The U.S. Toxic Substances Control Act, presented at a ML&B Environmental Law in the U.S.A. and the European Community Seminar, Tokyo

Presentation | Speech
Kenneth Rubin

10/02/91 What the Japanese Business Executive Needs to Know About Environmental Laws and Liabilities in the European Community, presented at a ML&B Environmental Law in the U.S.A. and the European Community Seminar, Tokyo

Presentation | Speech
Kenneth Rubin

10/01/91 The Department of Justice's Final Regulations Implementing Title III of the Americans with Disabilities Act: ML&B White Paper

Morgan Lewis Title | White Paper
Bradford W. Coupe, Andrew D. Ness, Roy A. Sheetz

09/01/91 EPA Issues Draft General Permit for Storm Water Dischrges Associated With Industrial Activity and Proposed Stormwater Permitting Strategy: ML&B White Paper

Morgan Lewis Title | White Paper
John McAleese, III

September 1991 The Consumer Product Safety Commission's New Regulations on Indoor Pollutants, Indoor Pollution Law Report, Vol. 5, No. 4

Outside Publication | Article
James Pagliaro

08/01/91 The Ninth Circuit Holds 'Products-Completed Operations Hazard' Exception To Pollution Exclusion Inapplicable

Morgan Lewis Title | White Paper
Jeffrey Brown

07/01/91 Owned Property Exclusion Upheld After AIU

Morgan Lewis Title | White Paper

07/01/91 The Federal Money Laundering Statutes: Pitfalls for Unwary Business Organizations: ML&B White Paper

Morgan Lewis Title | White Paper
Eric Kraeutler

06/26/91 Corporate Self-Policing - Minimizing Criminal Exposure of Business Executives and Business Organizations, presented at the White Collar Crime Seminar, Philadelphia

Presentation | Speech
Litigation Section Lawyers

06/04/91 Understanding and Managing U.S. Litigation - A Program for UK and European Counsel and Senior Executives of Companies with U.S. Operations, presented at the ML&B Litigation Seminar, London

Presentation | Speech
Litigation and International Section Lawyers

04/19/91 Mechanics’ Liens and Construction Bonds Under Pennsylvania Law, presented at the Cambridge Institute, Philadelphia

Presentation | Speech
Michael Libor

04/03/91 Mechanics’ Liens, presented at the Pennsylvania Bar Institute, Philadelphia

Presentation | Speech
Michael Libor

Spring 1991 EC Directive on Strict Liability: Are the Member States of the European Economic Community Heading for an American-Style Liability Crisis in 1992?, International Quarterly, Vol. 3, No. 2 (Business Laws, Inc.)

Outside Publication | Article
Brady Green, James Pagliaro

04/01/91 Product Liability Reform in the Soviet Union: Perestroika's Stepchild: ML&B White Paper

Morgan Lewis Title | White Paper
Brady Green, James Pagliaro

03/01/91 DOL Issues Proposed Rule Providing Limited Overtime Exemption for Computer Programmers and Other Employees in Computer-Related Occupations: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Gregory Lewis

March 1991 The New Clean Air Act, Ceramic Bulletin, Vol. 70, No. 3

Outside Publication | Article
William Lewis, Jr.

02/21/91 Quantifying and Presenting Damages, presented at the 1991 PICPA Construction Industry Seminar, Trevose, PA

Presentation | Speech
Michael Libor

01/17/91 Mechanics’ Liens, presented at the Pennsylvania Bar Institute, Harrisburg

Presentation | Speech
Michael Libor

01/01/91 Environmental Litigation Techniques - Twenty-One Pointers for 1991, presented at the Practising Law Institute Course, Litigation Management Supercourse, Washington, D.C.

Presentation | Speech
Kenneth Rubin

12/05/90 The Necessity for Greater Due Process in Investigations and Disciplinary Actions by Self-Regulatory Organizations, presented at Georgetown University, Washington, D.C.

Presentation | Speech
Anne Flannery

12/01/90 Impact of AIU Insurance Company V. Superior Court and Other Recent California Decisions on Environmental Insurance Claims

Morgan Lewis Title | White Paper

1990 The New Clean Air Act: A Guide to the Clean Air Program as Amended in 1990

Morgan Lewis Title | Deskbook
William Lewis, Jr.

11/01/90 New Approach to Patent Venue Announced in VE Holding v. Johnson Gas Appliance Company: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Jospeh H. Golant

10/24/90 Construction Claims Under Pennsylvania Law, presented at the Cambridge Institute, Philadelphia

Presentation | Speech
Michael Libor

10/24/90 Current Issues In Construction Law Pennsylvania, presented at Construction Claims Under Pennsylvania Law

Presentation | Speech
Michael Bloom, Dennis Morikawa

09/25/90 Iraq/Kuwait Developments: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Markham Ball, Michael R. Calabrese, Joseph P. Griffin, Mark R. Joelson

09/01/90 Pennsylvania Law Authorizes Bad Faith Claims in Actions on Insurance Policies: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Marc Sonnenfeld

08/24/90 Current Issues in Today's Construction Industry, presented to the Professional Education Systems, Inc., Richmond, VA

Presentation | Speech
Michael Bloom, Dennis Morikawa

08/01/90 The U.S. Embargo On Trade With Iraq And The Blocking Of Kuwaiti Government Assets: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Joseph P. Griffin, Markham Ball, Michael R. Calabrese

07/01/90 The United States Court Of Appeals For The District Of Columbia Circuit Vacates Securities And Exchange Commission Rule 19c-4, The 'One-Share, One-Vote' Rule: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
A.A. Sommer, Jr., Peter A. Fish

06/18/90 Lender Liability in the Wake of the Fleet Factors Decision: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Eric Rothenberg

06/11/90 Product Liability in Product Specifications, presented at the Construction Specification Institute, Philadelphia

Presentation | Speech
Michael Libor

05/02/90 Mechanics’ Liens, Construction Bonds, and Form UCC Contracts, presented at American Business Services, Valley Forge, PA

Presentation | Speech
Michael Libor

04/24/90 Mechanics’ Liens and Construction Bonds Under Pennsylvania Law, presented at the Cambridge Institute, Philadelphia

Presentation | Speech
Michael Libor

03/20/90 Drafting Effective Construction Contracts: How to Determine Your Rights and Obligations, presented at the Construction Education Management Corporation, Atlantic City

Presentation | Speech
Michael Libor

03/01/90 Recent Amendments to the New Jersey Worker and Community Right-to-Know Regulations: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Mark Pennington

02/20/90 Recent Developments in SEC Supervision Cases, C&L News & Notes, Compliance and Legal Division (Securities Industry Association Publication)

Outside Publication | Article
Anne Flannery

01/09/90 Update on Takeover Developments

Morgan Lewis Title | White Paper
David R. King, Gregory M. Harvey, Donald A. Scott

In late December, the Delaware Supreme Court issued its opinion in Barkan v. Amsted Industries. The Case represents a continuation of the important discussion in Delaware of what the Revlon decision means in the context of a le... more

January 1990 Can EPA Sue Other Federal Agencies?, Ecology Law Quarterly, Vol. 17, No. 2

Outside Publication | Article
Michael Steinberg

January 1990 The New Pennsylvania Business Corporation Law: What Litigators Need to Know, Pennsylvania's New Business Corporation Law

Outside Publication | Article
Marc Sonnenfeld

01/01/80 The Commonwealth Court of Pennsylvania Reins in the "Provisions of Transportation" Exception to the "Coming and Going" Rule Under Pennsylvania's Worker's Compensation Act

Morgan Lewis Title | White Paper
Michael Libor

The en banc panel of the Commonwealth Court of Pennsylvania, in Williams v. Workers’ Compensation Appeal Board, No. 1578 C.D. 1997 (Pa. Commw. Ct. Dec. 11, 1998), recently clarified when an employee may receive benefits un... more

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