Richard D Bernstein

June 06, 2022 | National Law Journal

The 2020 election may well not be the last occasion where family recusal issues arise in presidential post-election disputes—the justices should review and fix their recusal policy.

By Richard D. Bernstein

9 minute read

June 23, 2011 | New York Law Journal

Richard D. Bernstein,Barry P. Barbash and James C. Dugan, partners at Willkie Farr & Gallagher, Write that the U.S. Supreme Court's decision last week in Janus closes a number of doors on various kinds of potential Rule 10b-5 cases, but its greatest impact may well be its application of a general rule of narrow construction to the language of Rule 10b-5 itself.

By Richard D. Bernstein, Barry P. Barbash and James C. Dugan

7 minute read

December 11, 2007 | New York Law Journal

Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write that the U.S. Supreme Court has raised the bar for securities fraud complaints alleging violations of �10(b) of the 1934 Act. In an 8-1 decision, the Court held that "an inference of scienter must be more than merely plausible or reasonable - it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent."

By Richard D. Bernstein and Frank M. Scaduto

22 minute read

July 06, 2009 | New York Law Journal

Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write: The U.S. Supreme Court's most important decision this term affecting business litigation did not involve a business. Ashcroft v. Iqbal will make it harder for numerous civil plaintiffs to escape dismissal of claims brought in federal court. Although the facts in Iqbal concern racial and religious discrimination claims by a post-Sept. 11 Muslim detainee, Iqbal will have a major impact in business litigation. This is because Iqbal expressly applies to the pleading of each element, including knowledge and intent, of every claim in federal court.

By Richard D. Bernstein and Frank M. Scaduto

10 minute read