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James J Beha Ii

James J Beha Ii

November 10, 2014 | New York Law Journal

Applying Anti-Discrimination Law to Public Accommodations

Joel C. Haims, James J. Beha II and Jonathan Rothberg discuss a notable recent decision in which Southern District Judge Denise Cote held that the U.S. Tennis Association was not obligated to adjust the schedule for an amateur tennis tournament to accommodate the religious observance of Orthodox Jewish competitors.

By Joel C. Haims, James J. Beha II and Jonathan Rothberg

10 minute read

September 05, 2014 | New York Law Journal

Differing U.S. and Chinese Financial Disclosures Enough to Plead Fraud?

Joel C. Haims, Jamie A. Levitt and James J. Beha II, of Morrison & Foerster, discuss securities fraud litigation based on alleged discrepancies between U.S. and Chinese regulatory filings.

By Joel C. Haims, Jamie A. Levitt and James J. Beha II

11 minute read

May 23, 2014 | New York Law Journal

Second Circuit Applies 'Morrison' to Reject 'Listing Theory'

Joel C. Haims, Jamie A. Levitt, and James J. Beha II analyze a recent decision that confirms that foreign issuers do not subject themselves to liability under U.S. securities laws for transactions on a foreign exchange by virtue of cross-listing their securities on U.S. exchanges.

By Joel C. Haims, Jamie A. Levitt, and James J. Beha II

7 minute read

February 19, 2014 | New York Law Journal

Commercial Division Enforces Forum-Selection Bylaw

Morrison & Foerster's Joel C. Haims and James J. Beha II write that the Delaware Chancery Court's 2013 decision in 'Boilermakers' made clear that, as a matter of Delaware law at least, forum-selection bylaws are permissible and enforceable. But it will be up to courts in other jurisdictions to actually enforce them.

By Joel C. Haims and James J. Beha II

5 minute read

September 30, 2013 | New York Law Journal

Reliability of Confidential Witnesses in Securities Fraud Complaints

Carl H. Loewenson, Jr. and James J. Beha II of Morrison & Foerster write that while most courts have concluded that confidential witness allegations may be sufficient in some cases to support a strong inference of scienter, developments in recent cases cast serious doubts on the reliability of such statements.

By Carl H. Loewenson, Jr. and James J. Beha II

13 minute read

December 08, 2011 | New York Law Journal

Deciding Where to Review Overseas Client's Documents

Michael E. Gertzman and James J. Beha II of Paul, Weiss, Rifkind, Wharton & Garrison write: Reviewing a foreign client's documents in your office is quicker, less expensive, and far more convenient than flying a team of lawyers to the client's overseas headquarters, but recent decisions on discovery suggest that the prudent course in a government investigation may be to take the next flight.

By Michael E. Gertzman and James J. Beha II

13 minute read