Litigation

New York Law Journal

Advance Notice Bylaws: Lessons From Recent Cases

By David A. Katz and Laura A. McIntosh | May 23, 2008

The advance notice bylaw, a corporate housekeeping tool with potentially powerful effects, has come under the spotlight in several recent Delaware cases. These cases provide sobering reminders

New Jersey Law Journal

Delegates Pass Measure to Shield Experts' Drafts From Discovery

By Lisa Brennan | August 15, 2006

In the closest tally of its annual meeting in Honolulu, the American Bar Association decided Aug. 7 to push for a federal rule change to protect expert draft reports from discovery. After vi

The Associated Press

$3M Awarded in Suit Over Asbestos in Industrial Talc

By Jeffrey Gold | November 20, 2006

A jury in Newark, N.J., has awarded $3 million to a woman who claimed her husband, a potter, died because he contracted a fatal disease from asbestos fibers inhaled while working with a material he

New York Law Journal

District Court Takes 'Fluid' Approach on Damages in Tobacco Class Action

By Philip E. Karmel and Peter R. Paden | January 4, 2007

On Sept. 25, 2006, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York A HREF="http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1159347927383" class="linelink" t

Net Worth of Successor is Relevant to Punitive Damages

By Asher Hawkins | March 16, 2006

The net worth of a successor corporation is relevant to the issue of punitive damages, even though the alleged outrageous conduct was performed by a predecessor, a northeastern Pennsylvania judge h

National Law Journal

SEC's Use of Private Counsel Raises New Issues

By Pamela A. MacLean | December 30, 2005

For at least 30 years, the U.S. Securities and Exchange Commission has relied on private lawyers for some corporate misconduct investigations and for protection of the assets of firms already

Oneida Sues PBGC Challenging Pension Termination Fees

By Shanon D. Murray | November 22, 2006

Freshly emerged Oneida Ltd., which was originally felled by its pension liability, is striking back at the federal insurer for corporate pension plans.The Oneida, N.Y.-based flatware maker

New Jersey Law Journal

How to Handle Document Requests for Affiliated Overseas Corporations

By Stuart M. Feinblatt | April 20, 2006

You are defending a large American corporation, wholly owned by an even larger parent corporation based in Japan. You receive a comprehensive document production request defining the responding

The Recorder

Calif. Appeals Court Stretches Punitives Precedent, Upholds $28M Award Against Philip Morris

By Mike McKee | April 24, 2006

A California appellate court has defied -- or at least stretched -- precedent by upholding a $28 million punitive damages award against a major tobacco company, an amount 33 times greater than the

New York Law Journal

Judge Finds Little Confusion in Companies Sharing Name

By Beth Bar | June 13, 2006

A commercial lending company based in St. Louis has won the right to continue to call its business Omicron Capital, staving off an injunction and trademark challenge by a New York hedge fund of the