Gregory A Markel

December 05, 2013 | Legaltech News

The Delaware Court of Chancery ruled that a director's communication with his personal attorney over the company's email system were not privileged.

By Gregory A. Markel and Gregory Beaman

8 minute read

December 04, 2013 | Delaware Business Court Insider

On Sept. 5, the Delaware Court of Chancery, on a matter of first impression, ruled that a director's emails with his personal attorney were not privileged because the director used his company email address to communicate with counsel and he was aware of the company's policy that all work emails were accessible by the company.

By Gregory A. Markel and Gregory Beaman

8 minute read

November 13, 2006 | National Law Journal

In securities fraud class actions, billions of dollars can be at stake depending on the extent a defendant who has not made a misstatement or omission may be liable for participating in a "scheme" to defraud under subsections (a) or (c) of Rule 10b-5, 17 C.F.R. 240.

By Gregory A. Markel and Gregory G. Ballard

9 minute read

April 30, 2007 | National Law Journal

Enron's banks just won a major 5th Circuit case against Enron's shareholders. The Supreme Court will weigh in on this same issue of "scheme" liability next term.

By Gregory A. Markel and Gregory G. Ballard

9 minute read

December 12, 2011 | New York Law Journal

Gregory A. Markel and Martin L. Seidel, partners at Cadwalader, Wickersham & Taft, discuss the Supreme Court's reversal of a Fifth Circuit holding that a plaintiff must prove loss causation as part of the necessary predicate to be entitled to invoke the fraud-on-the-market presumption of reliance.

By Gregory A. Markel and Martin L. Seidel

16 minute read

August 08, 2005 | National Law Journal

In a much-awaited decision, the U.S. Supreme Court reversed the 9th U.S. Circuit Court of Appeals and made clear that a private plaintiff who claims securities fraud must prove that the defendant's fraud caused an economic loss.

By Gregory A. Markel and Randi B. Rivner

8 minute read

May 25, 2012 | New York Law Journal

Gregory A. Markel is a partner at Cadwalader, Wickersham & Taft, and Erika B. Engelson, special counsel to the firm, write that there have been two important decisions within the last month concerning courts' acceptance of a new technology that may help reduce the costs associated with, and increase the efficiency of, processing and reviewing electronically stored information in e-discovery.

By Gregory A. Markel and Erika B. Engelson

12 minute read

April 12, 2010 | New York Law Journal

Gregory A. Markel and Martin L. Seidel, partners at Cadwalader, Wickersham & Taft, review the recent Southern District decision in Lavender Int'l S.A. v. Ind. Carriers Inc., which illustrates the American policy favoring the enforcement of international arbitral awards and some of the procedural hurdles foreign practitioners seeking to enforce such awards in federal court should be aware of.

By Gregory A. Markel and Martin L. Seidel

13 minute read

March 31, 2011 | New York Law Journal

Gregory A. Markel and Martin L. Seidel, partners at Cadwalader, Wickersham & Taft, write that in the aftermath of the U.S. Supreme Court ruling in 2005, the battle over the standard for pleading loss causation has prompted some courts to dodge the issue and divided those courts that have attempted to resolve it.

By Gregory A. Markel and Martin L. Seidel

14 minute read

May 07, 2007 | Corporate Counsel

Are Enron's banks liable to Enron's shareholders? A federal appeals court recently held that they are not. Its ruling has important implications for other banks, lawyers and accountants potentially facing lawsuits over so-called scheme liability, and the Supreme Court will, no doubt, consider the case's reasoning when it soon addresses the issue, say Cadwalader, Wickersham & Taft's Gregory A. Markel and Gregory G. Ballard.

By Gregory A. Markel and Gregory G. Ballard

9 minute read