SEC: Rating Agencies Suffer From Conflicts of Interest
Attorney Jeffrey A. Barrack describes the conflicts of interest and inadequate procedures revealed by the SEC and the Office of Economic Analysis examinations, as set forth in a July 2008 Summary Report of Issues in the Commission Staff's Examinations of Select Credit Rating Agencies and details the evidence demonstrating those failures, and further suggests certain theories of liability under which the credit rating agencies may be held responsible for the economic losses that they caused.From the Experts: Fighting Back Against Statutory Penalty Class Actions, Part I
Statutory penalty class actions have become the scourge of businesses of all stripes, with lucrative penalty schemes that encourage lawsuits over hyper-technical statutory violations and promote "creative" interpretations of otherwise well-intentioned laws.Fox Rothschild Looks to Capitalize On Denver IP Boom
Fox Rothschild has opened an office in Denver with the addition of three partners from Bryan Cave.Desktop Encryption Moves to the Cloud
Data loss is a real problem and can happen in any number of ways. Laplink recently introduced PC Lock, an all-new utility that encrypts files on a computer or laptop and even remotely protects computers if they're lost.Supremes Tackle Whether Intangible Business Methods Can Be Patented
During arguments in a case touted by some as the most important patent case in decades, Supreme Court justices from across the spectrum voiced skepticism Monday about whether intangible business methods and other innovations untethered to machines deserved patent protection.When Microsoft Plays Offense, Sidley Is Its Firm of Choice
The firm's latest assignment for the software giant: taking the lead role on the infringement suit filed October 1 against Motorola over Android smartphones.In D.C. Circuit, AIG Defends Confidentiality of Corporate Monitor Reports
Two federal appellate judges expressed hesitation about forcing American International Group to disclose to a Corporate Counsel reporter an independent consultant's reports that addressed compliance with a settlement in 2004 with U.S. securities regulators.Inside Lyondell Bankruptcy's Texas-Sized Legal Bills
Houston-based Lyondell Chemical is hoping that its yearlong Chapter 11 case is nearly over, after reaching a $450 million settlement with creditors this week. The Am Law Daily did some docket-digging to gauge law firm profits stemming from the pharmaceutical giant's bankruptcy court odyssey. So far, Cadwalader has secured itself the biggest slice of the pie.Using Arbitration: A Personal Critique
As an increasing number of disputes are litigated through binding arbitration, its traditional theoretical advantages over the court system -- principally lower cost and speedier resolution -- seem to be realized less and less. At least that's the observation of Davis Wright Tremaine litigation partner Joseph E. Addiego. From his recent experiences, Addiego concludes that arbitration is morphing into a quasi-court proceeding, but that under the right circumstances, it's still an effective alternative.Trending Stories
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