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.
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.
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
Outside Publication | Article
Christopher Loeber
Morgan Lewis Title | White Paper
Stephen Mahinka, Kenneth Kliebard, Ivan Harris, Christian Mixter, Kathleen Collins
On January 4, President Obama, via a recess appointment, installed Richard Cordray as the Director of the Consumer Financial Protection Bureau (CFPB or the Bureau). The appointment was the latest battle in what promises to be a "... more
Presentation | Speech
Anne Flannery, Regina Schaffer-Goldman
Outside Publication | Chapter
Mansi Shah
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
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
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
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
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
Presentation | Speech
Ben Indek
Presentation | Speech
Ben Indek
Presentation | Speech
Mansi Shah
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
Presentation | Speech
Ben Indek
Outside Publication | Article
James Tarter
Presentation | Speech
Diane Webb
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
Outside Publication | Article
Brad Fagg
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
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
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
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
Outside Publication | Article
Ronald Tenpas, Alex Polonsky
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
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
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
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
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
Outside Publication | Article
Scott Garner
Outside Publication | Article
Diane Webb
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
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
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
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
Outside Publication | Article
Bahar Shariati, Allyson Ho
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
Presentation | Speech
Scott Garner
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
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
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
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
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
Outside Publication | Article
Scott Garner
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
Outside Publication | Article
Scott Schutte, J. Cooney, Jr., Molly Lane
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
Presentation | Speech
Christian Bartholomew
Outside Publication | Article
John Lavelle, Jr.
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
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
Presentation | Speech
Ben Indek
Morgan Lewis Title | White Paper
Alice McCarthy, 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
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
Outside Publication | Article
Margaret Rodgers Schmidt, Howard Young, Lisa Dykstra
Presentation | Speech
Scott Garner, Jennifer Bagosy
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
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
Presentation | Speech
Asheesh Puri
Presentation | Webinar
Thomas Harman, Leslie Caldwell, Robert Mendelson, Michael Kraut
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
Presentation | Speech
Ben Indek
Presentation | Speech
Kevin Dreher
Presentation | Speech
Ben Indek
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
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
Outside Publication | Article
Kristin Hadgis, Thomas Sullivan
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
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
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
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
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
Presentation | Speech
Kevin Dreher
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
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
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
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
Outside Publication | Article
Taylor Day
Morgan Lewis Title | White Paper
Alice McCarthy, 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
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
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
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.
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
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
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.
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
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
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
Presentation | Speech
Kevin Dreher
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
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
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.
Presentation | Speech
Ben Indek
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
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
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
Outside Publication | Article
Thomas Harman, Kathleen Long, Christian Mixter, Christopher Menconi, Patrick Conner
Outside Publication | Article
Scott Garner
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
Outside Publication | Article
Eric Kraeutler
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
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
Presentation | Speech
Brad Fagg
Presentation | Speech
Kevin Dreher, Michael Derksen
Presentation | Speech
Michele Coffey
Presentation | Speech
Ben Indek
Presentation | Speech
Anne Flannery
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
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
Outside Publication | Article
Diane Webb
Outside Publication | Article
Patrick Ryan
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
Outside Publication | Article
Richard Pearl
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
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
Presentation | Speech
Scott Milner
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
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
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.
Outside Publication | Article
John Lavelle, Jr., Bahar Shariati, J. Cooney, Jr.
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
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
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
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
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
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
Presentation | Speech
Scott Garner
Presentation | Speech
Troy Brown
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
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
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
Outside Publication | Article
Ryan Richards
Presentation | Speech
Jennifer Bagosy, Scott Garner
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
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
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
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
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
Outside Publication | Article
Ronald Tenpas, Bobbi O'Connor, Howard Kenny, Linda Griggs, Deborah Quick
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
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
Presentation | Speech
Kevin Dreher
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
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
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
Presentation | Speech
Leslie Caldwell
Outside Publication | Article
Ben Indek, Michael Kraut
Presentation | Speech
Scott Milner
Presentation | Speech
Meredith Auten
Outside Publication | Article
Brian Herman, Karen Pohlmann
Presentation | Speech
Colm Connolly
Presentation | Webinar
William Colgin, Jr., Thomas Kellerman, John Hemann, Marc Sonnenfeld
Outside Publication | Article
Ronald Tenpas
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
Presentation | Speech
Kevin Dreher
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
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
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
Presentation | Webinar
Eric Kraeutler, Nathan Andrisani, John Hemann, Mark Matthews
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
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
Outside Publication | Article
Gregory Parks, Richard Pearl
Outside Publication | Article
Colm Connolly, Jason Belmont Conn
Outside Publication | Article
Ronald Tenpas
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
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
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
Morgan Lewis Title | White Paper
Alice McCarthy, Michael Kraut, Kurt Rademacher, Anne Flannery, Ben Indek, Kerry Land, David Snider, Kevin Rover, 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
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
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
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
Presentation | Speech
Scott Garner
Outside Publication | Article
Ivan Harris
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
Presentation | Speech
Scott Milner
Presentation | Speech
Jennifer Bagosy
Outside Publication | Article
Patrick Ryan
Outside Publication | Article
Shaina Stahl
LawFlash/Client Alert | Litigation LawFlash
Barbara Van Gelder, Fred Fielding, Mark Matthews
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
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
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
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
Presentation | Speech
Kevin Dreher
Presentation | Speech
E. Andrew Southerling
Outside Publication | Article
Scott Garner
Outside Publication | Article
Scott Garner
Outside Publication | Article
Brian Privor
Presentation | Speech
Ben Indek
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
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
LawFlash/Client Alert | Foreign Corrupt Practices Act LawFlash
Litigation Practice
Amy Conway-Hatcher
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
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
Presentation | Speech
Jennifer Bagosy
Outside Publication | Article
Brian Privor
Presentation | Speech
Colm Connolly
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
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
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
Presentation | Speech
Colm Connolly
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
Presentation | Speech
Scott Garner
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
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
Presentation | Webinar
Scott Milner
Presentation | Speech
Kevin Dreher
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
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
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
Outside Publication | Article
Diane Webb
Presentation | Webinar
John McAleese, III, Ronald Tenpas, Jonathan Snare
Presentation | Speech
Patrick Ryan
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
Presentation | Webinar
Bernard Garbutt III, Christian Mixter
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
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
Presentation | Speech
William Zimmerman, Mark Matthews
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
LawFlash/Client Alert | Litigation LawFlash
Litigation Practice
Amy Conway-Hatcher
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
Outside Publication | Article
Kathleen Sanzo, Sandra Phillips, Sarah Bouchard
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
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
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
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
Outside Publication | Article
Ronald Tenpas
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
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
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
Presentation | Speech
Brian Herman
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
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
Presentation | Speech
Kevin Dreher
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
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
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
Presentation | Speech
Mansi Shah
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
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
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
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
Outside Publication | Article
Scott Garner
Presentation | Speech
Mark Matthews
Outside Publication | Article
Jennifer Bagosy
Outside Publication | Article
A. Lauren Carpenter, Karen Pohlmann
Presentation | Speech
Kevin Dreher
Outside Publication | Article
Brian Herman, A. Ross
Outside Publication | Article
Stephanie Blair
Outside Publication | Article
Jill Baisinger, Karen Pohlmann, Jason Wilson
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
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
Presentation | Speech
Bernard Garbutt III
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
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
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
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
Outside Publication | Article
Jennifer Bagosy
Presentation | Speech
Eric Sitarchuk
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
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
Outside Publication | Article
Jürgen Beninca
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
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
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
Presentation | Speech
Erica Smith-Klocek, Meredith Auten
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
Outside Publication | Article
Jennifer Smith
Outside Publication | Article
Matthew Kalinowski
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
Presentation | Speech
Ben Indek, Michele Coffey
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
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
Presentation | Speech
Ben Indek
LawFlash/Client Alert | Securities Industry FYI
Jennifer Klass, Mark Fitterman, Ben Indek, 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
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Barbara Van Gelder
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
Presentation | Speech
Kevin Dreher
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
Outside Publication | Article
Barbara Van Gelder, Tiffany Johnson
Outside Publication | Article
Elise Gelinas
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
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
Outside Publication | Article
Nathan Andrisani
Outside Publication | Article
Ivan Harris
Outside Publication | Article
Brian Privor, Ivan Harris
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
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
Presentation | Webinar
Kelly Moore, Nathan Andrisani, Eric Kraeutler
Presentation | Speech
Christian Bartholomew, Brian Privor
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
Outside Publication | Article
Meredith Auten
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
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
Outside Publication | Article
Anne Flannery, Ben Indek, Michael Kraut
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
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
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
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
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
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Outside Publication | Article
Meredith Auten
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
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
Outside Publication | Article
Namita Mani, David Snider, Michael Kraut
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
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
Presentation | Speech
Kevin Dreher
Outside Publication | Article
David Levy, Rick Rambo, Preetam Shingavi
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
Presentation | Speech
Ben Indek
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
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
Presentation | Speech
Ben Indek
Presentation | Speech
Ivan Harris
Presentation | Speech
Christian Mixter
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
Presentation | Speech
Christian Mixter
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
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
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Ben Indek
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
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
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
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
Outside Publication | Article
Mark Zelek, Carlos Treistman
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
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
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
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
Outside Publication | Article
Joy Palazzo
LawFlash/Client Alert | Litigation LawFlash
Leslie Caldwell, Lisa Tenorio-Kutzkey, Martha Stolley
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
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
Presentation | Speech
Kevin Dreher
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
Presentation | Speech
Kevin Dreher
Presentation | Speech
Mark Matthews
Presentation | Speech
Mary Dunbar, Ben Indek
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
Outside Publication | Article
Barbara Van Gelder
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
Presentation | Speech
Christian Mixter
Presentation | Speech
Ben Indek
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
Presentation | Speech
Michael Libor
Presentation | Speech
Christian Mixter
Presentation | Speech
Ben Indek
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
Presentation | Speech
Ben Indek
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
Outside Publication | Article
Diane Webb
Presentation | Speech
Meredith Auten
Outside Publication | Article
Elisa McEnroe
Outside Publication | Chapter
Mansi Shah
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
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
Outside Publication | Article
Asheesh Puri
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Joan Haratani
Outside Publication | Article
Vladimir Pavlovic
Outside Publication | Article
Anne Flannery, Ben Indek, Michael Kraut
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
Presentation | Speech
Jürgen Beninca
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
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
Morgan Lewis Title | Deskbook
White Collar Practice
Amy Conway-Hatcher
Presentation | Speech
Scott Garner
Outside Publication | Article
Michelle Westcoat
Outside Publication | Article
Lisa Veasman
Outside Publication | Article
Kelly Adams
LawFlash/Client Alert | International Update
Litigation Practice
LawFlash/Client Alert | International Update
Litigation Practice
Presentation | Speech
Kevin Dreher
Presentation | Speech
Scott Garner
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
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
Outside Publication | Article
Leslie Caldwell, Lisa Tenorio-Kutzkey
Presentation | Speech
Brian Herman
Outside Publication | Article
Leslie Caldwell, Lisa Tenorio-Kutzkey
Presentation | Speech
Brian Herman
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
Presentation | Speech
Ivan Harris
Presentation | Speech
Ben Indek
Presentation | Speech
Anne Flannery
Presentation | Speech
Molly Lane
Outside Publication | Article
Jennifer Bagosy
Presentation | Speech
Joan Haratani
Presentation | Speech
Joan Haratani
Outside Publication | Article
Ivan Harris
Outside Publication | Article
Scott Garner
Presentation | Speech
Ben Indek
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
Presentation | Speech
Michael Libor
Presentation | Speech
Stephanie Blair
Outside Publication | Article
Shana Cappell, Laurie Foster
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
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
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
Presentation | Speech
David Schrader
Outside Publication | Article
Kurt Rademacher, Christopher Loeber
Morgan Lewis Title | White Paper
Matthew Kalinowski, Ben Indek, Michael Kraut, Alice McCarthy
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
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
Presentation | Speech
Kevin Dreher
Presentation | Speech
Ben Indek
Presentation | Speech
Kevin Dreher
Presentation | Speech
Scott Milner
Outside Publication | Article
Rick Rambo
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.
Outside Publication | Article
Brian Hom
Outside Publication | Article
Gregory Parks
Presentation | Speech
Ben Indek
Presentation | Speech
Peter Buscemi
Presentation | Speech
Scott Milner
Outside Publication | Article
Elisa McEnroe
Outside Publication | Article
Christian Mixter
Presentation | Speech
Christian Mixter
Presentation | Speech
Ben Indek
Presentation | Speech
Joan Haratani
Presentation | Speech
Meredith Auten
Outside Publication | Article
Paul Zevnik, Jeffrey Raskin, Michel Horton
Outside Publication | Article
E. Andrew Southerling, John Hartigan
Presentation | Speech
Christian Mixter
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.
Outside Publication | Article
Vladimir Pavlovic
Outside Publication | Article
Gary Smuckler
Presentation | Speech
Michael Kallus
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Outside Publication | Article
Julie Govreau, Theodore Becker
Outside Publication | Article
Kristin Hadgis
Outside Publication | Michelle Ferreri
Presentation | Speech
David Schrader
Outside Publication | Article
Gregory Parks
Presentation | Speech
Renée Lawson
Outside Publication | Article
Roger Smith
Outside Publication | Article
Christian Bartholomew
Presentation | Speech
Ben Indek
Presentation | Webinar
Joseph Fay, J. Cooney, Jr., Gregory Parks
Presentation | Speech
Meredith Auten
Presentation | Speech
Ben Indek
Presentation | Speech
Ben Indek
Presentation | Speech
Ben Indek
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
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
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
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
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
Presentation | Webinar
Bradley D. Murlick and Stan Johnson of Navigant Consulting, Inc.
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
Presentation | Speech
Anne Flannery
Presentation | Speech
Ben Indek
Presentation | Speech
Colm Connolly
Outside Publication | Article
Bridget Longoria
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
Presentation | Speech
Anne Flannery
Presentation | Speech
Anne Flannery
Presentation | Speech
Anne Flannery
Presentation | Speech
Ben Indek
Presentation | Speech
Anne Flannery
Presentation | Speech
Jeffrey Hurwitz
Outside Publication | Chapter
Jeffrey Hurwitz
Presentation | Webinar
Jay Gutierrez, Howard Weir, III, George Edgar, David Luttinger, Jr., Michael Libor, John Shugrue
Presentation | Webinar
Thomas Poindexter, Glen Stuart
Presentation | Speech
Ben Indek
Presentation | Speech
Colm Connolly
Presentation | Speech
Ben Indek
Presentation | Speech
Colm Connolly
Outside Publication | Chapter
Eric Sitarchuk
Presentation | Speech
Scott Garner
Morgan Lewis Title | White Paper
Ben Indek, Michael Kraut
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Michael Kallus
Presentation | Speech
Michael Kallus
Presentation | Speech
Eric Sitarchuk
Outside Publication | Article
Roger Smith
Presentation | Speech
Eric Sitarchuk
Outside Publication | Article
Michelle Westcoat
Presentation | Webinar
S. DiBernardo, Thomas Kellerman, Christian Mixter
Presentation | Speech
Patrick Ryan
Presentation | Speech
Ben Indek
Presentation | Speech
Ben Indek
Outside Publication | Article
Scott Garner
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
Outside Publication | Article
Brady Edwards
Presentation | Speech
Ben Indek
Presentation | Speech
Ben Indek
Presentation | Speech
Jeffrey Hurwitz
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
Presentation | Speech
Ben Indek
Presentation | Speech
Colm Connolly
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
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
Presentation | Speech
Ben Indek
Presentation | Speech
Ben Indek
Presentation | Speech
David Luttinger, Jr.
Outside Publication | Article
Máire Donovan
Presentation | Speech
Ben Indek
Presentation | Speech
Michael Steinberg
Outside Publication | Article
Ben Indek
Presentation | Speech
Ben Indek
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Scott Garner
Presentation | Speech
Eric Sitarchuk
Outside Publication | Article
Diana Cortes
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Ben Indek
Presentation | Speech
Patrick Ryan
Presentation | Speech
Ben Indek
Presentation | Speech
Steven Cohen
Outside Publication | Article
Nicole Stach
Presentation | Speech
Michael Libor
Presentation | Speech
Lucas Elliot
Presentation | Speech
Lucas Elliot
Presentation | Speech
William Lewis, Jr.
Presentation | Speech
Kevin Dreher, John Shugrue
Presentation | Speech
Ben Indek
Outside Publication | Article
Patrick Elkins
Outside Publication | Article
Ben Indek
Outside Publication | Article
Phoebe Mounts, Karen Pohlmann, Marc Sonnenfeld
Presentation | Speech
John Dodds
Presentation | Speech
John Dodds
Presentation | Speech
Lucas Elliot
Presentation | Speech
Lucas Elliot
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
Presentation | Speech
John Dodds
Outside Publication | Article
Ben Indek
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
Outside Publication | Article
Bahar Shariati
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
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
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
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
Outside Publication | Article
Asheesh Puri
Outside Publication | Article
Patrick Ryan
Presentation | Speech
Patrick Ryan
Presentation | Speech
Michael Libor
Presentation | Speech
John Dodds
Presentation | Speech
John Dodds
Outside Publication | Article
Rick Rambo
LawFlash/Client Alert | International Update
Litigation Practice
Outside Publication | Article
Brad Fagg
Outside Publication | Article
Michael Libor
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
Outside Publication | Article
Beth Kiesewetter
Outside Publication | Article
Asheesh Puri
Presentation | Speech
Michael Libor
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Eric Sitarchuk
Presentation | Speech
Michael Libor
Presentation | Speech
Eric Kraeutler
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
Outside Publication | Article
John McAleese, III
Presentation | Speech
Michael Libor
Outside Publication | Article
Michael Libor
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
Outside Publication | Article
Robert Mendelson, John Ayanian, Steven Stone
Presentation | Speech
Michael Steinberg
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
Outside Publication | Article
Asheesh Puri
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
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
Outside Publication | Article
Herman Hoying
Outside Publication | Article
Rick Rambo
Presentation | Speech
Eric Sitarchuk
Outside Publication | Article
Shana Cappell
Outside Publication | Article
Herman Hoying
Presentation | Speech
Michael Libor
Presentation | Speech
Michael Libor
Presentation | Speech
Michael Libor
Presentation | Speech
John McAleese, III
Outside Publication | Article
Ann Stewart
Presentation | Speech
Lucas Elliot
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
Presentation | Speech