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Corporate Counsel

Cummins Investors, Customers Sue, Piling on After $2B DOJ Settlement

The legal fallout is just beginning for Cummins, which opened up its wallet to settle charges it installed emissions-control defeat devices in Dodge Ram pickups.
5 minute read

Corporate Counsel

AI Adoption Likely to Spark Surge in Corporate Litigation of All Stripes in 2024

Companies might face antitrust allegations if they use AI to help set prices, for instance, or they might face allegations of discrimination if they use AI to winnow down candidates for job openings.
5 minute read

New York Law Journal

When Do Omissions Create Private Liability? The Supreme Court Ponders

On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."
10 minute read

International Edition

UK Justice Secretary Vows Legislation to Protect Litigation Funding

The proposed legislation could bypass a 2023 Supreme Court ruling that litigation funding agreements were unenforceable in competition cases.
3 minute read

New Jersey Law Journal

Who Is the Client? Recent Appellate Division Ruling Provides Useful Reminder

The result should not be surprising to attorneys. However, we suspect that it would unpleasantly surprise many owners of closely held corporations.
2 minute read

Delaware Business Court Insider

Nikola: Gridlock With Insurers Is Stalling Settlements With Shareholders

"Because settlements of derivative actions are not indemnifiable by the nominal company defendant in Delaware, this would defeat a key function of D&O insurance."
3 minute read

New Jersey Law Journal

Bar Owners Claiming Municipality Interfered With Belmar Project Reach $2.8M Settlement

The plaintiffs, Timothy and Matthew Harmon, operators of various restaurants and taverns, brought the suit in U.S. District Court.
3 minute read

New York Law Journal

Celebrating Our 35-Year History and Preparing for the Future

Anne E. Sekel, chair of the Commercial and Federal Litigation Section, writes: The Commercial and Federal Litigation Section (ComFed) just concluded a wonderful and productive 35th anniversary year. Throughout this momentous time, ComFed found numerous ways to honor its distinguished past and plan for a vibrant future.
3 minute read

New York Law Journal

Lawyers Collide Over What Is 'Physical' Damage in Case Over Restaurant Business Interruption in Pandemic

Court of Appeals Judge Jenny Rivera sounded unconvinced by an argument that the virus had changed the environment inside eateries.
4 minute read

New York Law Journal

Judge Rejects Donald Trump's Request to Speak at Summations in Civil Fraud Trial

Manhattan Supreme Court Justice Arthur Engoron on Wednesday told counsel that he would not permit Trump to speak, as defense counsel had blown numerous deadlines to agree to certain preconditions set by the judge.
6 minute read

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