July 09, 2007 | New York Law Journal
Receivers and the In Pari Delicto DoctrinePamela Rogers Chepiga, a partner at Allen & Overy, and Lanier Saperstein, an associate at the firm, write that some practitioners argue that receivers, unlike trustees, are not - and should not be - bound by the in pari delicto doctrine/Wagoner rule. However, existing precedent and common-law principles suggest that these doctrines can bar damages suits brought by receivers. There is also no overriding policy reason for why trustees and receivers should be treated differently.
By Pamela Rogers Chepiga and Lanier Saperstein
11 minute read
March 08, 2007 | New York Law Journal
Class Certification: Bigger Is Not Necessarily BetterMichael S. Feldberg, a partner at Allen & Overy, and Lanier Saperstein, an associate at the firm, write that anecdotal evidence indicates that institutional investors, which have the economic incentive and the financial wherewithal to pursue their own actions, are opting out of securities class actions and proceeding on their own. This trend significantly undermines the benefits of class actions.
By Michael S. Feldberg and Lanier Saperstein
11 minute read
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