David Mack Quoted in “Summary judgment wrongly granted in easement dispute” in Mass. Lawyers’ Weekly
OCM partner David Mack is quoted in the cover story in this week’s issue of Massachusetts Lawyers’ Weekly. The case, Benvenuto, et al. v. Hanover, LLC et al., overturned the allowance of a motion for summary judgment where the trial judge disregarded testimony by a witness that contradicted earlier testimony from the same witness within the […]
Recovery of Litigation Fees in Contract Disputes: Will I Get My Money Back if I Win?
Many clients faced with a contract dispute ask the question: “will the other side have to pay my legal fees if I win?” The default rule is no, unless your contract says otherwise. If there is no applicable contract provision (nor a statutory entitlement to legal fees), each party must bear its own legal fees. […]
Mediation vs. Arbitration: What Are They and How Are They Different?
Mediation and arbitration are two categories of “alternative dispute resolution,” also known as “ADR.” They are part of the ADR family because they are both “alternatives” to a court deciding which party is right and which is wrong. Beyond that, mediation and arbitration share almost none of the same qualities. Mediation is a voluntary process […]
Securities Fraud Plaintiffs Need Not Prove Loss Causation to Obtain Class Certification
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 […]
SEC Issues Final Rules for Whistleblower Bounties
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 […]
The Problem of Multi-Jurisdictional M & A Litigation
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 […]
Upholding Class Action Waivers and why you should care
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, […]