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11 Sep 2008, 1:47 am
The company was back in the news again today with the announcement (here) from the options backdating securities lawsuit lead plaintiff, Calpers, that the company’s former CEO William McGuire had agreed to pay $30 million and its former general counsel David Lubben had agreed to pay an additional $500,000 in settlement of the options backdating securities claims pending against them. [read post]
10 Sep 2008, 7:03 pm
Forty-five percent believe that there is discovery abuse in almost every case (almost equal in amount between plaintiff and defense counsels) The survey respondents especially like judges to require ADR (55 percent said it has been a positive development in managing cases) and more than half thought arbitration is less expensive and faster than civil litigation. [read post]
10 Sep 2008, 5:37 am
If there are allegations of fraud the plaintiff need to prove intent, which is tough to do in litigation, and prove it by clear and convincing evidence. [read post]
5 Sep 2008, 11:01 pm
& Ors v Deisel Spa and Case C-302/08 Zino Davidoff SA v Bendesfinanzdirektion Sudost: (Class 46), EPO Boards of Appeal finds that when a fax is transmitted and an ‘OK’ is noted by the sender, this is evidence that the transmission was successful: (IPKat), Professor Hugenholtz slams European Commission for ignoring evidence on copyright extension: (Techdirt) Germany Federal Patent Court publishes guidelines on colour trade mark Signal Yellow: (Class 46), Berlin… [read post]
3 Sep 2008, 12:15 pm
As institutional investors like public pension funds play an increasingly important role as lead plaintiffs in securities class actions, a "pay-to-play" culture has emerged in which plaintiffs' law firms contribute to the political campaigns of officials who control the decisions of those funds. [read post]
2 Sep 2008, 5:17 pm
State of Tennessee, No. 06-6208 In civil rights suit alleging that city police discriminated against plaintiffs in violation of the Ame [read post]
30 Aug 2008, 4:34 am
Aug. 19, 2008), the lead counsel made this argument... [read post]
26 Aug 2008, 12:20 pm
In fact, plaintiffs’ damages expert “provided a single damages figure for the plaintiffs in all ten cases. [read post]
21 Aug 2008, 12:01 pm
It first observed that Milberg’s original fee agreement with lead plaintiff did not include any specific fee schedule; rather, it was only after the class action settlement had been negotiated that lead plaintiff and Milberg “agreed to a fee award of 8.5% of the settlement to be paid in a mixture of cash and stock. [read post]
19 Aug 2008, 7:33 pm
Plus the lead plaintiff, a public pension fund, strongly supported the 8.5 percent request. [read post]
18 Aug 2008, 10:31 am
Six leading drug makers sent a letter last Friday objecting to the proposed rule. [read post]
15 Aug 2008, 1:40 pm
The events leading up to the breath test was not a critical stage. [read post]
14 Aug 2008, 10:55 am
The court quickly disposed of both parties' Rule 50 motions, praising counsel on both sides for their presentation of the evidence. [read post]
13 Aug 2008, 6:54 pm
P. 26(f) conference, counsel should attempt to agree on the format and media to be used in the production of the ESI. [read post]
13 Aug 2008, 4:39 pm
A lead plaintiff is a representative party acting on behalf of other class members. [read post]
12 Aug 2008, 12:18 pm
Soon thereafter, the court appointed lead counsel for the putative class and a consolidated, amended class action complaint was filed. [read post]
11 Aug 2008, 1:47 pm
More disclosure, however, may lead to better behavior. [read post]
11 Aug 2008, 10:59 am
No one supposes that all 144 plaintiffs will be active; a few of them will take the lead, just as in a class action, and as a practical matter counsel will dominate, just as in a class action. [read post]
11 Aug 2008, 8:44 am
An interesting aspect of this case is the identity of the lead plaintiffs. [read post]
9 Aug 2008, 1:50 am
Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet. [read post]
