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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 23, 2012 | The American Lawyer

'Presumption of Prudence' Not Enough to Block Fannie Mae ERISA Class Action, Judge Rules

The federal courts have been gradually making life harder for ERISA plaintiffs over the last two decades by concluding that the guardians of employee retirement plans are presumed to be acting prudently when selecting investments. The presumption has been a potent defense in the wake of the subprime meltdown, but it has important limits, as a judge emphasized Monday in a ruling against Fannie Mae.

By David Bario

3 minute read

April 05, 2012 | Daily Business Review

Cigarette makers have slim chance to make a win out of court loss

A state appeals court upheld a $2.5 million smoker award while asking the Florida Supreme Court to reconsider cigarette maker's due process rights.

By David Bario

3 minute read

April 19, 2012 | Law.com

Willkie, Weil Win Ruling Gutting GE Securities Class Action

By David Bario

1 minute read

May 04, 2011 | Daily Report Online

Supreme Court to Decide Whether Federal Law Trumps Credit Card Companies' Arbitration Agreements

If last week's 5-4 U.S. Supreme Court decision in ATT v. Concepcion left any of our readers wondering how far the majority of Justices would go to protect consumer arbitration clauses, we've got good news for you: This week the high court agreed to hear yet another arbitration case following another plaintiffs-friendly ruling by the U.

By David Bario

2 minute read

July 27, 2012 | The Recorder

White & Case Spars With LCD Plaintiffs Over $261M Toshiba Verdict

By David Bario

3 minute read

October 02, 2012 | The American Lawyer

Greg Joseph Preserves $245 Million Citi Win in Morgan Stanley Swap Case

It's been three years since Citigroup sued Morgan Stanley for allegedly refusing to honor a credit default swap on a busted CDO, pitting former Fried Frank litigation chair Gregory Joseph against Morgan Stanley's lawyers at Quinn Emanuel. On Tuesday Joseph brought his client a big step closer to collecting a $245 million judgment in the case, when the Second Circuit refused to give Morgan Stanley another shot at dodging Citi's claims.

By David Bario

3 minute read

January 01, 2011 | The American Lawyer

Litigator in the Spotlight / Dealmaker in the Spotlight

By Brian Baxter and David Bario

2 minute read

February 28, 2013 | Law.com

Delaware Supreme Court Won't Clarify Hurdle for Shareholder M&A Plaintiffs

By David Bario

1 minute read

July 19, 2012 | New York Law Journal

Goldman Sachs Set to Settle MissPERS MBS Class Action

The plaintiffs allege Goldman Sachs Group Inc. and various affiliates duped them into investing in a $698 million offering of securities backed by fixed-rate, second-lien home mortgages originated by New Century Financial Corp.

By David Bario

2 minute read

October 11, 2012 | The American Lawyer

Kilpatrick Scores Fair Use Victory for HathiTrust in Authors Guild Copyright Suit

Barring a successful appeal, a ruling Wednesday spells the end to the Authors Guild's claims related to HathiTrust--a massive digitization project involving Google Inc. and a group of university libraries. It's not quite as clear what it means for the authors' separate class action against Google, but it definitely isn't good.

By David Bario

3 minute read