Month-in-Brief

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Recent Blog Posts

  • October in Brief (Business Litigation and Dispute Resolution) 2018 Business Litigation Florida Supreme Court Rules on Expert Testimony Ernest Wagner In a decision that impacts litigation involving expert testimony, the Florida Supreme Court in Richard Delisle v. Crane Co., No. SC16-2182, recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional because it conflicted with a procedural rule set by the Florida Supreme Court.  In doing so, the Florida Supreme Court returned Florida to the Frye standard... More
  • October in Brief (Securities Law) 2018 Securities Regulation Cyber Threats and Internal Accounting Controls By Eric Johnson, Locke Lord LLP On October 16, 2018, the Securities and Exchange Commission (“SEC”) issued an investigative report pursuant to Section 21(a) of the Securities Exchange Act of 1934 (the Exchange Act) warning public companies that become victims of cyber-related frauds that they may violate the federal securities laws if they fail to have a sufficient system of internal accounting controls.  Under the Exchange Act, public companies are required to devise and maintain... More
  • October in Brief (Internet Law and Cybersecurity) 2018 E-Commerce Dish Network Settles Streaming Dispute With Injunction and Damages By Sara Beth A.R. Kohut Dish Network LLC and NagraStar LLC filed an agreed motion for final judgment and permanent injunction with certain defendants to end their SetTV streaming service that allegedly retransmitted Dish’s programming without authority. Dish Network LLC v. Johnson, No. 8:18-cv-1332-T-33AAS (M.D. Fla. Oct. 24, 2018).  The fourth largest pay-television provider in the U.S. sued SET Broadcast LLC and persons associated with it in May 2018 for violating the Federal... More
  • October in Brief (Corporations, LLCs and Partnerships) 2018 Corporate Governance Activist Investor Aided and Abetted A Breach of Fiduciary Duties; No Damages Awarded By Eric S. Klinger-Wilensky In In re PLX Technology Inc. Shareholders Litigation (Del. Ch. Oct. 16, 2018), the Court of Chancery held that an activist investor aided and abetted breaches of fiduciary duty by a corporation’s board of directors in connection with the board’s approval of a sale transaction.  The board designee of the investor failed to share with the board certain information obtained from the buyer prior... More
  • October in Brief (Legal Opinions and Ethics) 2018 Professional Responsibility ABA Ethics Committee Opinion on Large-scale Disasters By Keith R. Fisher Recently, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 482, which deals with ethical obligations in connection with large-scale disasters, including such diverse events as hurricanes, earthquakes, and acts of terrorism. Topics addressed include protecting client information, implementing measures to ensure the lawyer’s ability to remain in contact with clients and financial institutions holding client funds, and attorney advertising in disaster-affected areas. The author dissented in... More
  • October in Brief (Bankruptcy and Finance) 2018 Bankruptcy Law Extension Obtained By Chapter 7 Trustee For Filing of Section 523 Complaints Deemed Valid  By Michael Enright U.S. Bankruptcy Court Judge Donald Cassling, in the Northern District of Illinois, recently weighed in on the vexing issue of who has standing to request an extension of time to file nondischargeability complaints under Section 523 in a Chapter 7 case. The issue has split the Courts of Appeal. The court ruled that an extension obtained at the request of the Ch. 7 trustee was valid by... More
  • October in Brief (Business Regulation and Regulated Industries) 2018 Consumer Finance Law The TCPA Saga: The Drama Continues By Kristina A. Del Vecchio, Joseph & Cohen, P.C. As reported last month, the Ninth Circuit took the unprecedented position in Marks v. Crunch San Diego LLC, that an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) “includes devices with the capacity to dial stored numbers automatically.” On October 4, 2018, the defendant, Crunch San Diego LLC, filed a petition for rehearing en banc, which asks a larger group of... More
  • October in Brief (M&A) 2018  Joint Venture European Commission States Steel Joint Venture Could Fall Within the Scope of the Merger Regulation By Chris Johnson On October 3, 2018, the European Commission commented in the Official Journal of the European Union that the proposed joint venture between Tata Steel Limited, a diversified steel producer, manufacturer, and mineral miner (“Tata Steel”), and thyssenkrupp AG, a diversified industrial group active in steel production, material services, elevator technology, industrial solutions, and components technology (“thyssenkrupp”), could fall within the scope of... More
  • September in Brief (Securities Law) 2018 Securities Regulation Elon Musk and Tesla Settle Securities Fraud Charge over Tweet The Securities and Exchange Commission (the SEC) recently announced that Elon Musk, CEO and Chairman of Tesla, Inc. agreed to settle the securities fraud action brought by the SEC against him in late September.  The SEC also agreed to settle charges brought against Tesla, arising from Musk’s tweet, on August 7, 2018, that he had secured funding for a transaction to take Tesla private at $420 per share. According to... More
  • September in Brief (Business Litigation and Dispute Resolution) 2018 Business Litigation Arbitration Continues to Be a Hot Topic Before the Supreme Court By Leslie A. Berkoff, Moritt Hock & Hamroff LLP Interpretation of the Federal Arbitration Act (FAA) has been the topic of both recent and pending cases on the Supreme Court’s docket.  On May 21, 2018, the Court ruled in Epic Systems v. Lewis, 138 S. Ct. 1612, that companies can prohibit workers from using class-action litigation to resolve workplace disputes, where individual arbitration clauses are contained with the underlying agreements. ... More