Ethical Issues for Lawyers Under the Dodd-Frank Wall Street Reform and Consumer Protection Act: Lawyer Representations Under the End-User Swap Exemption

This article considers professional responsibility and liability issues faced by lawyers who advise clients about or make representations in connection with the end-user exemption to the mandatory clearing requirement for swaps under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010…

BNA INSIGHTS: Evaluating Attorney Fee Requests in Mergers & Acquisitions Litigation

When a corporation announces a proposed merger or acquisition transaction, or rejects a tender offer, it has become routine for lawsuits to be filed on behalf of the corporation’s stockholders against the corporation and its board of directors. If the terms of the proposed transaction are thereafter improved or supplemental disclosures made, plaintiffs request that the corporation pay attorneys’ fees…

New York’s Highest Court Rejects Wider Liability for Third-Party Financial Professionals

New York’s highest court, in a 4-3 ruling, Oct. 21 rejected pleas to allow broader liability for third-party financial professionals, pulling the plug on claims that…

Dodd-Frank Whistleblower Bounty Provision Will Have Large Impact, Washington Lawyer Predicts

The previous hitwhistleblowernext hit bounty provision of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act—with its lure of generous payouts—is likely to be…

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

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…

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