The Litigation Daily
Top Stories May 16, 2012
Apple, Publishers Lose Bid to Dismiss eBooks Class Action
May 15, 2012 :: Antitrust / Consumer
Kindle, iPad, Nook, or plain old paper. No matter how they read it, it's a sure bet that co-lead plaintiffs counsel at Hagens Berman and Cohen Milstein gleefully devoured U.S. District Judge Denise Cote's latest opinion in their proposed antitrust class action against Apple and a quintet of major publishers.
Susan Beck's
Summary Judgment
Susan Beck's Summary Judgment: Whatever Happened to the N.Y. AG's Case Against BofA?
By Susan Beck | May 2, 2012
Then-New York Attorney Andrew Cuomo announced the state's case against Bank of America over its Merrill Lynch acquisition more than two years ago, promising with great fanfare to hold the bank and two of its executives accountable for an "enormous fraud" to conceal Merrill losses. So why has the case been all-but stalled ever since in New York state court?
Litigator of the Week
William Savitt of Wachtell, Lipton, Rosen & Katz
By Jan Wolfe | May 10, 2012
Savitt drew out key witness testimony at trial that helped persuade Delaware Chancellor Leo Strine Jr. to derail Martin Marietta's $5.3 billion hostile bid for Vulcan Materials.
The Global Lawyer
The Global Lawyer: Will Canada be the Global Backstop for U.S. Courts?
By Michael D. Goldhaber | May 13, 2012
After the U.S. courts stopped policing global securities fraud, Canada became a global class action haven. Now the U.S. courts seem on the verge of abandoning their global oversight of corporate human rights offenses. Will Canada again step into the breach?
Susan Beck's Summary Judgment: Let's See Kaplan Kick the Third Rail of Shareholder Litigation
May 16, 2012 :: Securities
No one expects executives to suffer any personal financial consequences when they're sued by shareholders. Except, perhaps, Manhattan U.S. district judge Lewis Kaplan. The judge has expressed concerns about a $90 million no-consequences settlement with former Lehman officers that will be paid entirely out of D&O insurance, and wants to know more about the defendants' wealth.
Defense Lawyers Take the Spotlight in Ex-BMS Exec's Probationary Tale
May 16, 2012 :: Other / White-Collar
The WSJ hooked us with its front-pager Wednesday about a former Bristol-Meyers Squibb executive who pleaded guilty to making false statements to the FTC and was ordered to write a book about his experience. The book, meanwhile, shows how Cravath's Evan Chesler, Elkan Abramowitz of Morvillo Abramowitz, and other lawyers stepped into the exec's life when it was turned upside down.
N.Y. Judge: Delaware Plaintiffs Must Wait to Fight $20 Million BofA Deal
May 15, 2012 :: Corporate / Securities
Bank of America shareholders who want to scuttle a proposed $20 million settlement of derivative claims arising from the bank's acquisition of Merrill Lynch have been thwarted again.
Apple, Publishers Lose Bid to Dismiss eBooks Class Action
May 15, 2012 :: Antitrust / Consumer
Kindle, iPad, Nook, or plain old paper. No matter how they read it, it's a sure bet that co-lead plaintiffs counsel at Hagens Berman and Cohen Milstein gleefully devoured U.S. District Judge Denise Cote's latest opinion in their proposed antitrust class action against Apple and a quintet of major publishers.
