Legal Research

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Antitrust
Thursday, March 26, 2009
By Elai Katz

" Elai Katz, a partner at Cahill Gordon & Reindel, writes that the U.S. Supreme Court ruled that allegations of a price squeeze could not state a claim for monopolization without an independent antitrust duty to deal, adding to a line of cases limiting the range of conduct that can form the basis of a Sherman Act §2 claim. Also, the U.S. Court of Appeals for the Tenth Circuit decided that a ski resort did not violate antitrust laws by shutting down a competing ski rental business that had been operating on property acquired from the resort."

Securities Class Actions
Thursday, March 26, 2009
By Samuel H. Rudman

" Samuel H. Rudman, a partner at Coughlin Stoia Geller Rudman & Robbins, writes that a recent Second Circuit decision has received significant attention from law firms that typically represent defendants in federal securities litigation, many of whom have authored articles arguing that decision heightens the pleading standards for cases brought under §10(b). A more thorough consideration of the decision, he says, makes clear that the case is consistent with existing precedent and reaffirms the factual nature of materiality determinations, which are generally not appropriate for consideration on a motion to dismiss."

OUTSIDE COUNSEL:

Courts Differ on Notice to Admit Use in No-Fault Insurance Cases
Thursday, March 26, 2009
By Robyn M. Brilliant

" Robyn M. Brilliant, a solo practitioner, writes that as the case law in the area of no-fault litigation is constantly changing, there is a new hot topic dividing the courts. The use of notices to admit and interrogatories in proving plaintiff's prima facie case, she says, has become increasingly popular and has generated decisions with varying results in the lower courts as well as in the appellate courts."

CORPORATE UPDATE:

Free With Registration: Corporate Governance
Thursday, March 26, 2009
By David A. Katz and Laura A. McIntosh

"David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write that ecently, a number of corporate governance reforms have been proposed or undertaken recently at the stock exchanges, as well as at the state and federal level, that may, when taken together, have profound consequences for director elections and the power of institutional investors and activist shareholders. One such reform, they note, is the NYSE proposed rule, recently resubmitted to the SEC, that would prohibit discretionary voting by brokers in uncontested director elections."