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Gary Young

Gary Young

July 01, 2003 | Law.com

Dial Comes Clean

Why did Dial Corporation suddenly decide to settle with the Equal Employment Opportunity Commission four years into a highly publicized sexual harassment case?

By Gary Young

3 minute read

October 16, 2003 | Law.com

18th Century Doctrine Confounds Tobacco Smuggling Cases

A legal doctrine with a claim to legitimacy that's disputed by some scholars has been used to deprive foreign governments of a U.S. legal forum to recover taxes lost to cigarette smuggling. Foreign governments have been suing tobacco companies in U.S. courts to recover hundreds of millions of dollars in tax revenues. The companies, they say, are complicit in a huge illegal international trade in cigarettes. Almost without exception, those suits have been thrown out under the common law revenue rule.

By Gary Young

9 minute read

January 15, 2004 | Law.com

Haitian-Americans' Suit Takes Aim at Video Game

When Take-Two Interactive Software Inc. promised to remove the line "kill the Haitians," from future editions of "Grand Theft Auto: Vice City," it may have hoped to head off litigation. But two weeks later, five Haitian-American advocacy groups filed suit in Palm Beach County, Fla., seeking a ban or restriction on the sale of the game and damages "in excess of $15,000." But, it turns out that the groups' objections go beyond the offending phrase to address violence in video games.

By Gary Young

4 minute read

September 07, 2004 | The Recorder

Could Ninth Circuit Split Talk Finally Become Reality?

It's been going on for so long, it's become something of a ritual. The Ninth Circuit U.S. Court of Appeals issues a controversial decision, causing much gnashing of teeth among members of Congress, who rush to declare that they've finally had it and are going to split up the circuit. And then nothing happens. But there are now signs that Congress' interest in a division of the circuit is moving beyond mere rhetoric.

By Gary Young

9 minute read

May 30, 2003 | Law.com

Tobacco Victory: Beginning of the End?

Big Tobacco hailed last week's reversal of the landmark, $145 billion punitive damages award to Florida smokers as the beginning of the end for smokers' class actions. But plaintiffs' lawyers say the industry may yet eat its words. Even if the ruling survives a challenge in the state supreme court, the case has unique characteristics that preclude it from becoming the touchstone for all class actions on behalf of smokers, they assert.

By Gary Young

5 minute read

September 03, 2004 | Law.com

For 9th Circuit, Breaking Up Is Hard to Do

It's been going on for so long, it's become a ritual. The 9th Circuit issues a controversial decision, causing teeth-gnashing among members of Congress, who rush to declare they're going to chop up the circuit. And then nothing happens. Now, three new circuit-splitting bills are in the pipeline -- and although sponsors concede there's little chance they'll pass before year's end, signs indicate that Congress' interest in a circuit division is moving beyond mere rhetoric.

By Gary Young

9 minute read

October 01, 2002 | Law.com

Protecting Big Timber

Once considered the "Darth Vader" of the logging industry, Plum Creek Timber Co. is working to improve its reputation. GC James A. Kraft is part of the team that has shepherded in a change in corporate culture. He helped develop the Seattle-based company's statement of environmental principles, oversees environmental training and plays an active role in negotiations with the federal government and environmental groups.

By Gary Young

7 minute read

September 17, 2002 | Law.com

Collateral Consequences of Corporate Convictions

Arthur Andersen's downfall has led some observers to urge prosecutors to go after the individuals responsible for corporate wrongdoing, but to avoid charging the corporations themselves. Covington & Burling partner Eric H. Holder Jr. warned that a WorldCom indictment may cause it to lose its eligibility for government contracts, put its bankruptcy reorganization in doubt and throw thousands of innocent employees out of work.

By Gary Young

5 minute read

February 10, 2003 | Law.com

Juror Anger Leads to Larger Punitive Awards

If punitive damages are a measure of juror anger, there were a lot of angry jurors last year. Just take a look at the top 50 verdicts in 2001 and 2002. In 2001, total punitives for all 22 cases was $3.2 billion. For 2002, the figure was $32.6 billion. Some attorneys think that corporate scandals -- Enron, WorldCom -- have predisposed jurors to add more zeroes to their verdicts.

By Gary Young

4 minute read

September 17, 2004 | Law.com

6th Circuit Rejects Ohio's Use of Tax Credit

State governments around the country may have to contend with a bombshell on tax credits recently dropped by the 6th Circuit. The court said that Ohio's investment tax credit -- which allows corporations to offset their corporate franchise taxes in proportion to new machinery they bring to the state -- violates the dormant commerce clause. Dozens of other states that use similar tax credits to lure businesses have taken notice.

By Gary Young

4 minute read