The Supreme Court announced its decision in Erica P. John Fund, Inc. v. Halliburton Co. today, resolving a split among the Circuit Courts of Appeals and holding that securities fraud plaintiffs do not need to prove loss causation in order to obtain class certification. The issue revolved around the plaintiffs’ invocation of the fraud on […]
This past Wednesday, May 25, 2011, the SEC issued its final rules for the Whistleblower Incentives and Protection provisions of the Dodd-Frank Act. Key points: Whistleblowers do NOT have to report violations internally before going to the SEC; Attorneys, auditors and internal compliance personnel are generally not eligible to be whistleblowers; Culpable whistleblowers are not […]
Recent Chancery Decision Highlights Problem of Multi-Jurisdictional M & A Litigation By Sean Carnathan It has become as predictable as the sun rising that whenever a significant merger is announced, there is a race to the courthouse by plaintiffs’ lawyers to challenge that merger, often in different states. The problem has grown in the past […]
The United States Court of Appeals for the Fifth Circuit affirms the summary judgment entered by the U.S. District Court for the Southern District of Texas in favor of OCM’s clients, Tuckerbrook Alternative Investments, LP, Tuckerbrook/SB Global Special Situations Fund GP, LLC and Tuckerbrook/SB Global Special Situations Fund, LP.
Sean Carnathan will serve as a Trustee of the Helen Gee Chin Scholarship Foundation, founded to honor the memory of Helen Gee Chin, wife of Sifu Chin of Calvin Chin’s Martial Arts Academy, Inc. The Foundation offers scholarships to encourage academic achievement by serious students of the Chinese martial arts.
Sean Carnathan will serve as a member of the Board of Directors of the Annursnac Hill Association.
Why the Supreme Court’s Decision Upholding Class Action Waivers is Wrong and Why You Should Care By Sean Carnathan In the recent decision AT&T Mobility LLC v. Concepcion, Slip Op. No. 09-893, 563 U.S. ___ (April 27, 2011), the U.S. Supreme Court drove a big wooden stake right through the heart of class action arbitration, […]
Second Circuit Approves Attorney Advertising By Sean T. Carnathan Litigation News Associate Editor May 17, 2010 The U.S. Court of Appeals for the Second Circuit recently approved attorney advertising [PDF] that includes depictions of the lawyers as having super powers. The challenged advertisements included ones referring to the lawyers of the firm as “heavy […]
Jail Time for Spoliation? By Sean T. Carnathan, Litigation News Associate Editor November 29, 2010 Serious spoliation can carry serious consequences, including the possibility of jail time for the culpable party. In a recent order, Magistrate Judge Paul W. Grimm, of the U.S. District Court for the District of Maryland, provided an exhaustive […]