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, […]