Columns | June 19, 2013
Andrew Lavoott Bluestone, an attorney specializing in legal malpractice litigation, writes that all too often, attorney defendants are directed not to answer "expert" questions put to them. This is defendant's default deposition position. But the common belief that a defendant attorney need only give factual answers is misplaced.
In his Corporate Litigation column, Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that underlying the recent high court holding is a broader recognition that the issue of whether causation and damages are susceptible to measurement on a classwide basis is an essential component of the predominance inquiry under Rule 23(b)(3).
In their Corporate Securities Law column, Sarah S. Gold, a partner at at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, write that the SEC attempted, unsuccessfully, to have the U.S. Court of Appeals for the Second Circuit equate the standards and analyses for the issuance of an order baring a defemdant from serving as a director of a publicly traded entity with those for issuance of an injunction.
Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent case law, including a decision where a landlord won dismissal of harassment claims by a tenant and then pursued recovery of attorney fees from the tenant.
St. John's University has agreed to sell 101 Murray St., close to Battery Park City and Tribeca, to Fisher Brothers and The Witkoff Group for $223 million. The site will be redeveloped into a luxury condominium building. Also, two mixed-use buildings at 205 and 207 Eighth Ave. in Chelsea have been snatched up for $15.9 million.
In their Real Estate Contracts column, Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio of the firm question the basis for a recent Court of Appeals ruling and show that the concurring opinion, which disagreed with the majority's rationale, set forth what would have been a better rule of damages in buyer default cases.
Michael S. Elkin and Thomas P. Lane, partners at Winston & Strawn, write the DMCA empowered the Librarian of Congress, upon the recommendation of the Register of Copyrights to grant limited, periodic exemptions to the law: The fifth and most recent set of exemptions, in effect for the next three years, contains one quirk that has generated significant interest in the intellectual property community: the Librarian opted to permit jailbreaking of smartphones but not of tablets.
In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte, partners at Skadden, Arps, Slate, Meagher & Flom, review a case where the U.S. Supreme Court will resolve a circuit split between the Fifth Circuit, which has held that a state attorney general's action is removable under the Class Action Fairness Act where the action seeks monetary recovery for individual citizens, and three other circuits that have concluded that parens patriae actions are not "mass actions" and do not fall within the reach of CAFA.
Samuel Estreicher, a professor at New York University School of Law, and Stephen B. Kinnaird, a partner at Paul Hastings, discuss the Supreme Court's holding in 'Kiobel,' which places in question the ATS' continued utility as a vehicle for challenging human rights abuses occurring in other countries, and several important questions about the ATS' reach left open by the decision.
In their Privacy Matters column, Richard Raysman, a partner at Holland & Knight, and Peter Brown, the principal at Peter Brown & Associates, discuss mobile privacy and data collection, FTC staff reports and guidelines on mobile privacy, recent FTC enforcement actions against app developers and proposed legislation that attempts to tackle mobile privacy.
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