November 13, 2017 | New York Law Journal
Second Circuit Clarifies Cross-Border Reach of Fifth Amendment ProtectionsLewis Wiener, James Southworth and Kymberly Kochis are partners, and Francis X. Nolan write: Understanding the authority—and limitations—of regulatory power in different jurisdictions in a global economy can save companies, their executives and their employees from unnecessary criminal and civil litigation.
By Lewis Wiener, James Southworth, Kymberly Kochis & Francis X. Nolan
16 minute read
November 02, 2015 | New York Law Journal
U.S. Supreme Court to Address Class Action Standing in Upcoming TermMichael R. Nelson, Kymberly Kochis and Francis X. Nolan of Sutherland Asbill & Brennan discuss three cases before the U.S. Supreme Court and offer a glimpse into how the upcoming rulings could impact class action litigation.
By Michael R. Nelson, Kymberly Kochis and Francis X. Nolan
13 minute read
October 31, 2015 | New York Law Journal
U.S. Supreme Court to Address Class Action Standing in Upcoming TermMichael R. Nelson, Kymberly Kochis and Francis X. Nolan of Sutherland Asbill & Brennan discuss three cases before the U.S. Supreme Court and offer a glimpse into how the upcoming rulings could impact class action litigation.
By Michael R. Nelson, Kymberly Kochis and Francis X. Nolan
13 minute read
April 12, 2012 | New York Law Journal
Future of Data Breach Class Actions After 'Anderson'John F. Mullen, a partner at Nelson Levine de Luca & Horst, and Francis X. Nolan IV, an associate with the firm, write that regardless of whether courts dismiss for lack of standing, lack of cognizable injury, or both, the fact remains that data breach cases do not pass judicial muster. Given the ongoing (but eroding) reluctance by federal courts to allow plaintiffs to proceed, a recent Court of Appeals decision raises questions regarding the strength of these defenses.
By John F. Mullen and Francis X. Nolan IV
11 minute read
September 08, 2011 | New York Law Journal
Circuits Split on Standard For Removal Under CAFAKymberly Kochis and Francis X. Nolan IV of Nelson Levine de Luca & Horst write that prior to the Class Action Fairness Act of 2005 it was well-settled that proponents of removal bore the burden of establishing federal jurisdiction, and the circuit courts have upheld that rule. Significant uncertainty exists, however, as to what burden of proof should be applied in determining whether the $5 million amount in controversy threshold is met.
By Kymberly Kochis and Francis X. Nolan IV
12 minute read