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David Bario

David Bario

David Bario, based in New York, is a senior editor covering the business of law for ALM's global newsroom.

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October 25, 2012 | New York Law Journal

Judge Allows ERISA Suit in Face of Presumption Managers Act Prudently

Over the last two decades, the federal courts have been gradually making life harder for ERISA plaintiffs by concluding that the guardians of employee retirement plans are presumed to be acting prudently when selecting investments. But the presumption has important limits, as Southern District Judge Paul Crotty reminded ERISA lawyers recently.

By David Bario

3 minute read

November 16, 2011 | Legaltech News

Judge Slashes Damages in Alcatel-Lucent Suit Against Microsoft

Alcatel-Lucent's claim that a scheduling component of Microsoft's Outlook infringes one of its patents has been repeatedly validated, except where it counts: the awarding of damages.

By David Bario

3 minute read

February 14, 2013 | The American Lawyer

Dismissals Don't Bode Well for Facebook IPO Plaintiffs, But It's Early Yet

It's up to Willkie's Richard Bernstein and Andrew Clubok of Kirkland & Ellis, who are jointly defending Facebook, to fend off a consolidated securities class action complaint due at the end of the month in the IPO litigation. A ruling this week dismissing related derivative claims is good news for the defense, but the case is just getting started.

By David Bario

3 minute read

May 06, 2013 | The American Lawyer

Aereo Hits CBS with Preemptive Lawsuit Ahead of Big Expansion

Between a big appellate victory last month and plans for a 22-city expansion, the online television company Aereo Inc. has been on quite a roll. Now it's up to Fish & Richardson, Winston & Strawn, and Constantine Cannon to make sure Aereo's enemies can't kill the momentum.

By David Bario

3 minute read

May 09, 2013 | New York Law Journal

Online Television Service Sues to Block CBS Lawsuits

The declaratory judgment suit claims that CBS is threatening to sue Aereo in other jurisdictions, even before Southern District Judge Alison Nathan, who has refused to preliminarily enjoin Aereo's service, has rendered a final judgment in the New York litigation.

By David Bario

2 minute read

August 01, 2012 | The American Lawyer

Gibson Dunn Knocks Out MBS Class Action Against UBS

Having its fingers in many, many pies has helped launch Robbins Geller Rudman & Dowd to the top of the heap among securities plaintiffs firms. But the firm's high-volume approach to securities litigation may have come back to bite it this week in a mortgage-backed securities class action against UBS.

By David Bario

2 minute read

November 05, 2008 | National Law Journal

Voting suppression attempts advance to Facebook, text messaging

Fliers and phone calls aimed at misinforming voters have been seen in twice as many states this year as in 2004, according to election monitors — and, in a new twist, misleading messages specifically targeting first-time voters have also turned up on social networking sites and in mobile phone text messages. An attorney with the Lawyers' Committee for Civil Rights Under Law says messages were posted Tuesday on several Facebook student group pages, telling Democrats to vote on Wednesday.

By David Bario

2 minute read