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March 01, 2005 |

The Fen-Phen Follies

Even in a litigation-obsessed nation, fen-phen stands alone. After reports that the diet drug damaged heart valves, American Home Products, now Wyeth, pulled its fen-phen products and girded itself for an assault by the plaintiffs bar. Although Wyeth has paid almost $14 billion, it's not the litigation cost that makes the fen-phen story so disturbing. It's where the money went. Court records of the global class action by which Wyeth tried to resolve its fen-phen woes are a veritable catalogue of ignominy.
22 minute read
December 02, 2002 |

Inadmissible

8 minute read
June 03, 2002 |

Blood on the Tracks

With hundreds of millions of dollars at stake, two competing camps of class action lawyers can't seem to resolve disputes over the use of railroad lines for fiber-optic cable, an issue marked by decades of litigation. Plaintiffs' attorney Nels Ackerson and other lawyers nationwide believe class actions are the only means of correcting the imbalance of power between small family farmers and the big telecoms.
29 minute read
May 09, 2002 |

Takeover Artists

Consensus-building. Downsizing. Positioning. Bean-counting. These -- not lawyering -- are the daily responsibilities of today's firm managers. Which raises the question: Why not hand those CEO jobs off to seasoned MBAs? Some ascribe this reluctance to cede power to potentially abler hands to the profession's parochialism, but leaders like Shearman & Sterling's David Heleniak insist, "This is not yet General Motors."
14 minute read
May 10, 1999 |

Steele Prosecution Lacked Mettle

As the sun begins to set on the independent counsel statute, the strange prosecution of Julie Hiatt Steele may help generations to come understand why it was abandoned. When the Steele trial ended in mistrial, the result only reinforced the perception that the power and resources of an independent counsel are too often brought to bear on targets unworthy of the nation's time or resources.
13 minute read
March 18, 2002 |

Bush May Hire Lobbyist for Nominations

Reeling from defeat in the first major judicial nomination battle of the Bush Administration, White House officials are preparing to take an unusual step and hire a point person to more effectively deal with Senators on judgeships.
7 minute read
November 30, 2012 |

Associate's Failure to Keep Secrets a Cautionary Tale for Young Lawyers

A former M&A associate at Cravath, Swaine & Moore appears to have unwittingly served as the source of confidential information at the heart of the latest insider-trading case brought by federal prosecutors in Manhattan. Assigned to the deal team advising longtime firm client IBM on its 2009 acquisition of analytics software maker SPSS, the Cravath lawyer shared details about the pending transaction with a friend, who in turn fed them to two former stockbrokers charged Thursday with running an insider-trading scheme that yielded $1 million in illicit profits.
9 minute read
May 21, 2002 |

Lowering the Bar

London attorney Mark Humphries thinks the distinctions between the two halves of his profession, solicitors and barristers, are pointless and is trying to abolish them. In 1994 the Linklaters partner became one of the first of a new hybrid called "solicitor-advocates": law firm lawyers who are allowed to argue in the U.K. high courts, previously a domain open only to barristers.
17 minute read
November 04, 1999 |

Doctors, Patients Ask Courts to Remedy Alleged Managed-Care Ills

Disgruntled patients and doctors are taking their dissatisfaction with HMO's to court. With increasing frequency, patients find the courts -- and state and federal legislators -- more receptive to legal action against health plans. Doctors are also filing more suits against managed care groups, having increased their bargaining power through independent practice associations -- or physician networks -- and unions. "The level of outrage is unprecedented," says Connecticut Attorney General Richard Blumenthal.
9 minute read
February 21, 2005 |

Gary v. The Air Group Inc.

In amending the Airline Deregulation Act, the Whistleblower Protection Act did not meaningfully alter the analysis under the ADA of whether a claim is pre-empted, and here, where airline prices and routes are not in issue, appellant's state-law whistleblower claim that he was terminated in retaliation for calling his employer's attention to a co-worker's alleged lack of safety qualifications is not pre-empted by the ADA because it is not "related to" the "service of an air carrier."
9 minute read

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