Bifurcated Discovery in Class Actions: Two Reasons Why it Doesn’t Work

October 19, 2011

A common weapon in class action defendants’ arsenals is the motion to “bifurcate” discovery, splitting the process into two phases: first, discovery as it relates to the elements of Federal Rule of Civil Procedure 23 and whether a class may

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What’s Wrong With THIS Picture? Emasculating the SEC is NOT Good for the Country

June 23, 2011

I picked up the Financial Times this morning. Like the Wall Street Journal, it has a series of short paragraphs (blurbs) in a column on the left-hand side of the first page. The top one was headlined: “Tennessee Bank Agrees

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Does Your Pension Benefit Fund Trustee Have A Duty To Litigate?

May 23, 2011

Your pension benefit fund trustee may be aware of valuable potential claims against companies whose conduct has resulted in significant losses to the fund.  Does the trustee have a duty to litigate if the trustee knows or should know of

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Former Colonial Bank Exec Admits Role in Fraud Scheme

April 05, 2011

Catherine Kissick, former senior vice president at Colonial Bank, pleaded guilty to a conspiracy that defrauded about $970 million from investors and the government. She faces up to 30 years in prison for her role in the fraudulent scheme. Kissick

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Supreme Court Should Tread Carefully In Case Regarding Fiduciary Exception to Attorney-Client Privilege

March 04, 2011

On April 20, 2011, the United States Supreme Court will hear arguments in United States v. Jicarilla Apache Nation, a case involving a Native American tribe’s suit against the United States for breaching fiduciary duties by mismanaging tribal trust assets

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