Searching Content indexed under Court Procedure by Cadwalader, Wickersham & Taft LLP ordered by Published Date Descending.
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Cadwalader Attorneys Analyze SDNY Order To Vacate Insider Trading Guilty Plea
Cadwalader attorneys analyzed the order from the U.S. District Court for the Southern District of New York ("SDNY")
United States
15 Jul 2019
President Trump Restructures ALJ Hiring Process
President Donald J. Trump signed an Executive Order ("E.O.") exempting administrative law judges ("ALJs") from Civil Service competitive hiring rules and examinations.
United States
16 Jul 2018
Supreme Court Rules SEC Practice Of Hiring ALJs Unconstitutional
The U.S. Supreme Court (the "Supreme Court") ruled that the SEC practice of hiring administrative law judges ("ALJs") was unconstitutional.
United States
29 Jun 2018
Publicity: The US Perspective
The US Constitution guarantees defendants in criminal cases the right to a speedy and public trial. It also guarantees all Americans freedom of speech ...
United States
21 Mar 2018
High Court Decision Confirms The Availability Of The Protection Of Litigation Privilege In The Context Of Internal Investigations
On 8 May 2017, the Chancellor of the High Court in Bilta v RBS confirmed that in certain circumstances litigation privilege may protect documents created in the context of an internal investigation.
21 Feb 2018
10 Best Practices For eDiscovery In Government Investigations
The arrival of a government subpoena on the doorstep of your corporate headquarters rarely rates as a welcome development.
United States
10 Nov 2016
The SEC Retains Its House Advantage During Administrative Proceedings
Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the SEC recently amended its Rules of Practice that apply to proceedings before an ALJ.
United States
11 Aug 2016
M&A Update: Delaware Supreme Court Upholds Business Judgment Rule Review For Certain Controlling Stockholder Transactions With Dual Minority Protections
On March 14, 2014, the Delaware Supreme Court upheld the Court of Chancery's 2013 decision in In re MFW Shareholders Litigation, holding that in going-private mergers where there is a controlling stockholder, the use of both a truly independent special committee and a majority of the minority stockholder vote, allows for judicial review under the deferential business judgment standard.
United States
17 Mar 2014
Privilege And Work Product Doctrine: Noteworthy Developments
Protection of privileged information and work product is a perennial concern, for counsel and clients alike.
United States
16 Mar 2014
Supreme Court Rules Phoebe Putney's Acquisition Is Not Immune Under The State-Action Doctrine
On February 19, 2013, the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals for the Eleventh Circuit's decision in "FTC v. Phoebe Putney Health System".
United States
28 Feb 2013
Surviving A Regulatory Inquiry
Regulators are using increasingly aggressive tactics in seeking information during an inquiry or investigation.
United States
5 Oct 2012
U.S. District Court Denies Dismissal Of Constitutional Challenge To Maryland Public Service Commission Orders
On August 3, 2012, the United States District Court for the District of Maryland denied two motions to dismiss plaintiffs' complaint in PPL Energyplus, LLC v. Douglas R. M. Nazarian.
United States
10 Aug 2012
New York's Highest Court Dismisses Complaint By French Asset Management Firm Alleging Breach Of Fiduciary Duty And Unlawful Interference With Contract
Oddo Asset Mgt. v. Barclays Bank PLC, et al., No. 126 (NY 2012), involves the application of state common law principles to an international transaction gone bad.
United States
5 Jul 2012
Ecuador Appellate Court Affirms Judgment Against Chevron
We have posted several times on the U.S. aspects of the international dispute between Chevron and the plaintiffs from Ecuador suing for environmental contamination.
United States
23 Jan 2012
Seventh Circuit Agrees With D.C. Circuit Dissent That U.S. Citizens Must Be Able To Sue U.S. Officials For Alleged Torture Overseas
Vance, et al. v. Donald Rumsfeld and the United States of America, Nos. 10-1687, 10-2442 (7th Cir. Aug. 2011), alleges that Secretary of Defense Rumsfeld bears personal involvement and responsibility for alleges torture of U.S. citizens in Iraq.
United States
16 Dec 2011
Non-U.S. Judgment Enforced In U.S.; Challenges Even Based On Fraud Need To Be Asserted In The Country Issuing The Original Judgment; U.S. Court Declines "Interjudicial Conference" Of Having The Judges From The Two Countries Talk
Tettamanti, et al. v. Opcion Sociedad Anonima, No. 3D11-333 (3d Dist. Ct App. Fla. July 2011), is a state-court appellate ruling that bears on several international litigation topics of timely interest relating to the enforcement in the U.S. of a money judgment issued in a non-U.S. country. Florida, like most other states, enacted what this Court described as the "Uniform Out-of-Country Foreign Money-Judgment Recognition Act".
United States
8 Nov 2011
Bankruptcy Court For Southern District Of New York Prohibits Triangular Setoff Provided For In Safe Harbored Contract
On October 4, 2011, the United States Bankruptcy Court for the Southern District of New York ruled that a contractual right of a triangular (non-mutual) setoff was unenforceable in bankruptcy, even though the contract was safe harbored.
United States
16 Oct 2011
Second Circuit Affirms Direction To Arbitrate But Holds The Arbitration Panel Determines Scope Of Contractual Forum Clause
UBS Financial Services, Inc., et al. v. West Virginia University Hospitals (WVUH), et al., Dkt. No. 11-235-cv (2d Cir. Sept. 2011), involves three issues of relevance to the development of international dispute resolution and international litigation.
United States
16 Oct 2011
District Court Avoids Testing Common Law Sovereign Immunity Defense Remanded By The Second Circuit But Dismisses The Claims On Personal Jurisdiction Grounds Instead
Carpenter v. Republic of Chile, et al., 07-CV-5290 (JS)(ETB) (E.D.N.Y. June 2011), is the remand from a Second Circuit decision of last year (601 F.3d 776 (2d Cir. 2010)) requiring the District Court to reconsider the dismissal on sovereign immunity grounds of various individual defendants (the Court of Appeals affirming the balance of the District Court’s earlier decision concerning the sovereign).
United States
23 Aug 2011
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