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The Legal Intelligencer

Defendants Look for Broader Interpretation of 'Halliburton II'

This month marks the two-year anniversary of the U.S. Supreme Court's seminal securities class action decision, Halliburton v. Erica P. John Fund (Halliburton II), 134 S. Ct. 2398 (2014), which allows defendants to rebut—at the class certification stage—the fraud-on-the-market presumption of reliance permitted under Basic v. Levinson, 485 U.S. 224 (1988). According to Halliburton II, defendants may rebut the Basic presumption by showing that their alleged misrepresentations had no impact on the defendant company's stock price. Notably, the court held that defendants may show lack of price impact with appropriate evidence that either "the asserted misrepresentation (or its correction) did not affect the market price of the defendant's stock." Reiterating its decision in Basic, the court explained that "'any showing that severs the link between the alleged misrepresentation and ... the price received (or paid) by the plaintiff ... will be sufficient to rebut the presumption of reliance.'"
10 minute read

National Law Journal

Fight Over Fiduciary Rule, Even in Scheduling, Looms Large

Lawyers fighting the U.S. Labor Department's heightened standards for retirement advice quarreled Monday in a Washington federal court over scheduling in a lawsuit that seeks to block the new rules from taking effect.
4 minute read

Daily Report Online

Dempsey Named Fulton Superior Court Deputy Chief Judge

Fulton County Superior Court Judge Alford Dempsey Jr. has been named the court's deputy chief judge, assuming the post formerly held by Judge T. Jackson Bedford Jr., who is leaving office at the end of the year. Dempsey's new duties began June 1.
2 minute read

Daily Report Online

Attorneys Must Be Precise in Representations to Court

On May 19, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice attorneys defending the federal government against a suit brought by a group of 26 states.
12 minute read

Daily Report Online

State Bar of Georgia Will Not Fight Amendment to Abolish Judicial Watchdog Agency

The State Bar of Georgia has decided not to campaign against a proposed constitutional amendment that would abolish the state's judicial watchdog agency as an independent agency and give the state Legislature the sole authority to re-create it.
5 minute read

Texas Lawyer

'School's Out' for DOJ Lawyers in Row With Texas Judge

The Brownsville, Texas, federal judge who on June 7 stayed his sanctions order calling for U.S. Department of Justice lawyers to undergo ethics training said he would never send "the entire DOJ to school again."
2 minute read

Litigation Daily

For Trump, No Such Thing as an Unbiased Judge

Donald Trump is never going to get a truly unbiased judge. He's too well-known and too polarizing. What he actually wants is a judge who is biased in his favor--hardly a compelling ethical complaint. The whole thing is nothing but a smokescreen.
9 minute read

Law.com

Chief Justice Roberts Misses Solo Lawyers With 'Battered Briefcases'

In his 11th year as chief justice, John Roberts Jr. is sounding wistful about the days earlier in his career when lawyers who argued before the U.S. Supreme Court and law clerks who worked for the justices were less polished than they are now.
10 minute read

The American Lawyer

Trump and the Rule of Law

Someone should remind the likely Republican nominee for President that the laws of the land apply to him, too.
6 minute read

Daily Report Online

Prosecutor Turned Bachelorette Andi Dorfman Tells Why She Broke Up with the Bachelor and the DA

During a book-signing event in Atlanta Thursday evening, prosecutor turned reality television star Andi Dorfman talked about her breakup with the fiance she chose as "The Bachelorette."
6 minute read

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