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May 18, 2006 | Law.com

2nd Circuit Questions SOX 'Preliminary Reinstatement' Remedy

Employers who are sued in SOX whistleblower cases need to win in the first round because an employee who establishes reasonable cause is allowed reinstatement, prior to any hearing on the merits. But preliminary reinstatement is now in a state of doubt, thanks to last week's 2nd Circuit ruling that this remedy is unenforceable. The decision leaves the remedy's viability unsettled partly because two of the judges cited different reasons for their decision.
9 minute read
November 21, 2005 | National Law Journal

Justices hear key contract dispute

Highly controversial payday loans form the backdrop to a U.S. Supreme Court challenge in which the justices will determine who decides-court or arbitrator-the validity of an allegedly illegal contract containing a mandatory arbitration clause.
10 minute read
November 14, 2005 | National Law Journal

Is CAFA Working?

The CAFA is beginning to engender a considerable body of case law. Previous columns have covered issues such as the effective date of CAFA, the question of who has the burden of proving federal jurisdiction and the related questions of determining how to value claims under CAFA's jurisdictional provisions. This column continues the discussion.
9 minute read
December 01, 2005 | Law.com

Editors Note

Always knew an in-house lawyer would be nominated for the U.S. Supreme Court someday, didn't you?
3 minute read
August 09, 2006 | National Law Journal

Recovering Attorney Fees in Patent Litigation

Patent litigation can be bitter, and parties often engage in aggressive strategies. But those strategies can result in attorney fees being awarded, based on 35 USC �285 of the Patent Act, which reads: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." As a result, two important questions arise: What constitutes an "exceptional" case prompting a court to consider an award of attorney fees, and when is a court likely to award attorney fees to a prevailing party?
10 minute read
September 27, 2002 | Law.com

Sweatshop Case Settles for $20M

Three overseas sweatshop lawsuits involving dozens of the country's largest retailers and a 30,000-member class of garment workers have settled for $20 million. Abercrombie & Fitch, Target, Gap Inc. and J.C. Penney Co. are among the retailers and manufacturers that agreed Wednesday to settle suits alleging that factory workers on the U.S. commonwealth island of Saipan were subject to exploitative conditions.
6 minute read
October 01, 2007 | Corporate Counsel

THE VEOH CASE COMES FIRST

A fast-moving copyright suit should shed light on Viacom v. Google.
4 minute read
November 15, 2012 | New York Law Journal

Judge Finds Efficiency in Class Certification for Suit Against Sears

In a concise eight-page decision issued on Nov. 13, Judge Richard Posner U.S. Court of Appeals for the Seventh Circuit overturned a decision denying class certification in a moldy washer case against Sears Roebuck & Co., which sells Whirlpool machines.
4 minute read
July 12, 2004 | National Law Journal

Decision summaries from the NLJ

Driving suspension valid only if reasonably based�and other decisions from The National Law Journal.
13 minute read
December 18, 2007 | National Law Journal

Opening Doors to EU Data

When discovery requirements of U.S. litigation challenge the European Union's data protection laws, the EU laws can substantially restrict the "processing" of personal data. For discovery to ensue, says DLA Piper senior privacy counselor David Bender, an out-of-the-box solution may be required.
10 minute read

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