New Prime, Inc. v. Oliviera
on

By Jill I. Gross 

A court, not an arbitrator, decides the threshold question of whether the exclusion of Section 1 of the Federal Arbitration Act applies to a “contract of employment” that contains an agreement to arbitrate and the exclusion applies to all workers,

...Read More

The Pension Trust v. J. Jill, Inc.
on

By Christopher G. Lazarini

“Fraud by hindsight,” or contrasting a defendant’s past optimism with less favorable actual results, does not satisfy the pleading requirements in securities fraud case.

...Read More

Wilmington Trust Securities Litigation, In Re
on

By David C. Franceski, Jr.

*A settlement fund of $210 million, equal to 40% of claimed damages in a complex securities class action involving 8 years of litigation is both fair and reasonable under Rule 23(e) and Third Circuit standards.

...Read More

Research Group Publishes Study on Arbitration with Uninformed Consumers
on

This statistical study posits that securities industry participants in FINRA arbitration enjoy an information advantage, which gives them a tactical advantage in selecting arbitrators,

...Read More

Class Action Against Hertz Fails for Lack of Scienter: In Re Hertz Global Holdings Inc.
on

By David C. Franceski, Jr.

Myriad multi-year accounting errors across numerous accounting categories which resulted in significant income restatements, even when accompanied by allegations of inaccurate SOX certifications,

...Read More

SCOTUS Also Hears Oral Argument in Lamps Plus. Another Tough Day at the Office for Counsel
on

Varela v. Lamps Plus, Inc., No. 16-56085 (9th Cir. Aug. 3, 2017) (unpublished), involved a class action brought by Lamps Plus employees,

...Read More

Read Our Recent Blog