Litigation
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Litigation
The U.S. Supreme Court Hears Halliburton II
The Supreme Court heard argument in Halliburton II last week.[1] At issue is whether the Court should overrule the fraud on the market presumption that it adopted in its 1988 decision, Basic Inc. v. Levinson,[2] which obviated the need for plaintiffs in securities fraud class actions to...
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Preparing For The Zombie Invasion: Demonstrating The ROI Of A Litigation Readiness Plan
Let’s face it – suggest a litigation readiness plan to any corporate officer and you might as well be trying to convince him of an impending zombie invasion. While many of us in the legal space understand the importance of such a plan, business generally does not respond to...
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Does Deleted ESI Warrant An Adverse Inference? Sekisui Am. Corp. And Proposed Rule 37(e) Differ
Spoliation motions, a common litigation strategy, are at “an all-time high,”[1] and corporate litigants are engaging in costly over-preservation of electronically stored information (“ESI”) to avoid the risk of sanctions. In Sekisui Am. Corp. v. Hart, 945 F.Supp.2d 494 (S....
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