Thursday, September 9, 2010

American Bar Association Panelists Peer into Cloud Computing, See Risks as Well as Benefits for Lawyers

Cloud computing may be a relatively new term in legal ethics circles, but it attracted plenty of attention at two programs presented during the…

Court Says Private Equity Firm’s Unit May Proceed with Malpractice Claims Against Law Firm

The Supreme Court of New York July 28 gave an affiliate of Cerberus Capital Management L.P.—a leading private equity firm—the green light to pursue claims that Paul Hastings…

BNA INSIGHTS: Federal Circuit Establishes Standards for Patent Prosecution Bars in Protective Orders

The Federal Circuit recently held that the scope of a protective order against a patent infringement plaintiff’s attorneys should be assessed on…

Supreme Court Will Not Review Rulings on Work Product, Securities Litigation Uniform Standards Act, Sanctions

The U.S. Supreme Court May 24 declined to review a controversial federal appeals court ruling concerning the scope of work-product protection for accountant work papers sought by…

Securities Lawyers Laud Kagan’s Nomination to Supreme Court, But Some Note Sparse Record on Key Issues

The White House’s nomination May 10 of U.S. Solicitor General Elena Kagan to the U.S. Supreme Court was welcomed by many securities attorneys, but some noted that Kagan’s lack of a record as a judge makes it difficult to…

Second Circuit Rejects Broad View of Secondary Liability Urged by SEC

May 4, 2010 in Banking Report · Leave a Comment 

Rejecting the Securities and Exchange Commission’s broad view of the liability of secondary actors for securities fraud, the U.S. Court of Appeals for the Second Circuit April 27 affirmed the dismissal of…

Former IBM Executive Pleads Guilty to Role in Galleon Hedge Fund Insider Trading Case

Robert Moffat Jr., a former International Business Machines Corp. executive, pleaded guilty March 29 in the U.S. District Court for the Southern District of New York to conspiracy and securities fraud for tipping Galleon defendant Danielle Chiesi to material nonpublic information in what prosecutors said is the largest hedge fund insider trading case in history.

New Jersey Supreme Court Backs Employee Privacy in E-mails with Lawyer on Company Laptop

A New Jersey health care executive who used a company laptop to exchange messages with her attorney on a personal password-protected e-mail account had a reasonable expectation of privacy that was violated when her employer retrieved and read the messages from the computer’s hard drive, a unanimous New Jersey Supreme Court affirmed March 30.

Federal Trade Commission Appeals Order Barring Red Flags Rule Enforcement Against Law Firms, Attorneys

The Federal Trade Commission is challenging a federal district court order barring enforcement against law firms of its identity theft Red Flags Rule, in an appeal docketed…

ANALYSIS: SEC Enforcement Policies at Odds with Focus on Compliance, Attorney Says

Despite the Securities and Exchange Commission’s renewed emphasis on the importance of compliance at regulated entities, the SEC staff—and the agency itself—have yet to…