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Sheppard Mullin Richter & Hampton's Robert S. Friedman and Mark E. McGrath review recent decisions from New York courts that continue to use the sliding scale of interactivity to determine whether websites can provide a basis for personal jurisdiction, along with the traditional indicia of doing business, namely, the totality of connections with New York.
Eliot Lauer, Jason Gottlieb and Alyssa Astiz of Curtis, Mallet-Prevost, Colt & Mosle examine some high-frequency trading strategies likely to be targeted in the coming wave of enforcement and litigation actions, and outline new defense tactics suited to high-frequency trading.
Christina Guerola Sarchio, a partner at Orrick, Herrington & Sutcliffe, writes that while plaintiffs' lawyers are seemingly quick to navigate around legal obstacles companies may place in their way, companies can implement a number of pre-litigation strategies to try to curtail the class action process, including proactively resolving budding legal concerns through recalls or refunds and using contract clauses to preclude class actions.
Michael C. Hefter and Daniel S. Meyers, partners at Bracewell & Giuliani, write: Decisions issued in the wake of the Court of Appeals' holding in 'DDJ Management v. Rhone' demonstrate that while in some cases, lower courts have interpreted the decision as lowering the threshold of reasonable reliance that must be pled by sophisticated parties, courts will nevertheless readily dismiss claims if the plaintiff has not demonstrated that, prior to entering into the relevant transaction, it took reasonable steps to protect itself against deception.