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Ruling in e-books class action is blow to defense in DOJ antitrust suit

5/16/2012

Apple, Penguin, and Macmillan -- the remaining defendants in the Justice Department’s suit alleging an illegal antitrust conspiracy in the e-books market -- have to be mighty discouraged by U.S. District Judge Denise Cote’s ruling Tuesday in the parallel class action. Cote, who is also overseeing the DOJ case, makes short work of all the defenses Apple and the publishers might raise.

E-books antitrust MTD opinion

That federal-court e-discovery breakthrough? Not so fast...

5/15/2012

Ever since Judge Andrew Peck issued a first-of-its-kind order directing the use of predictive coding in discovery in a putative gender-discrimination class action, plaintiffs' lawyers in the case have fought against it. This week Peck agreed to stay discovery -- but this battle's a long way from over.

Carter amicus order

Carter ruling

Flamm proposed amicus

Martin Marietta's back-to-the-future appeal

5/15/2012

A requested two-week turnaround for a decision seems tight, but the Delaware Supreme Court has done it before, back when it was making its reputation as the go-to corporate jurisdiction.

Airgas opinion

Martin Marietta appeal

Unocal ruling

Rajat Gupta and the hearsay rule

5/15/2012

Lawyers for the former McKinsey chief and Goldman Sachs director make a strong case for why Gupta can’t be convicted based on Raj Rajaratnam’s wiretapped conversations with his Galleon Group colleagues.

Gupta hearsay brief

Deciphering ResCap's $8.7 billion deal with MBS investors

5/14/2012

At the moment it filed for Chapter 11 bankruptcy protection on Monday morning, Residential Capital, the mortgage arm of Ally Financial, had outstanding 392 mortgage-backed securities offerings, with an original principal balance of $221 billion.

West and Lexis: copyrights and wrongs

5/14/2012

On Wednesday Judge Jed Rakoff hears arguments on whether a class of lawyers who haven’t registered their briefs with the U.S. Copyright Office can enjoin legal research companies from including their work in subscription databases. This is the first hurdle in a case that could significantly change the way you write briefs.

Class reply

Lexis response brief

West response brief

MBIA 'not-trial trial' starts with procedural whimper, no bangs

5/14/2012

After almost three hours of argument in a regulatory challenge to MBIA’s restructuring by Bank of America and Societe Generale, New York State Supreme Court Justice Barbara Kapnick finally spelled out some rules for a proceeding variously described as a “not-trial trial,” a “glorified oral argument,” and a “thingie proceeding.”

New antitrust suit: I (don't) want my MLB.tv

5/14/2012

In May 9 complaint, fans accuse Major League Baseball and MLB teams of creating regional television monopolies and overcharging for out-of-market television and Internet packages. Can American Needle, the U.S. Supreme Court’s ruling that the National Football League can’t engage in collusive marketing, poke a hole in baseball’s longstanding protection?

American Needle v. NFL opinion

Federal Baseball Club v. National League opinion

Flood v. Kuhn opinion

Haiku contest again? Bracewell & Giuliani offers more Yanks tix

5/11/2012

Yes, it’s back: the famous Basis Points blog monthly contest, in which readers of the Bracewell & Giuliani restructuring department’s blog submit haiku for a chance to win Rudy Giuliani’s tickets to a Yankees game. The contest is a clever bit of marketing by partner Evan Flaschen. It’s also a lot of fun.

Is social media disrupting your trials? Try talking to jurors

5/11/2012

Two new law review articles analyze the many unfortunate results that ensue when social media and jury trials intersect. The takeaway: If judges want to stop jurors from tweeting, posting, and doing research on Google, telling them not to is a good way to get the message across.

Hoffmeister Colorado Law Review

Zuckerman Duke Law Review

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