Legal Research

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Second Circuit Review
Wednesday, January 28, 2009
By Martin Flumenbaum and Brad S. Karp

:Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Life Settlements Corp. v. Syndicate 102 at Lloyd's London, where the court made clear that arbitrators cannot compel third-party prehearing production of documents pursuant to §7 of the Federal Arbitration Act. In so doing, it further deepened a split among the circuits on this issue.:

Patent and Trademark Law
Wednesday, January 28, 2009
By Robert C. Scheinfeld and Parker H. Bagley

:Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, review the Federal Circuit's game-changing decision in In re TS Tech USA Corp., TS Tech North America Inc. and TS Tech Canada Inc., where the court granted a petition for a writ of mandamus directing the Eastern District of Texas, a hotbed of patent litigation activity, to vacate an order denying transfer and to instead transfer a case it desired to keep to another district. "

OUTSIDE COUNSEL:

Free With Registration: Limiting, Clawing Back Executive Pay In the Wake of Financial Bailout
Wednesday, January 28, 2009
By David B. Pitofsky and Matthew Tulchin

"David B. Pitofsky, a partner at Goodwin Procter, and Matthew Tulchin, an associate at the firm, write: While current compensation numbers are staggering, especially when juxtaposed with unparalleled business losses, the situation is far from unprecedented. Earlier this decade, exposure of fraud at companies like Enron and WorldCom highlighted the inadequacy of the system to recoup inappropriately paid-out executive compensation and led to several legal options, including the Sarbanes-Oxley Act, civil enforcement actions, and fines provided by criminal statutes, the government may now try to use to recoup or "claw-back" unearned performance-based pay."

REAL ESTATE TRENDS:

Law Curbs Retaliatory Suits, Encourages Input by Public
Wednesday, January 28, 2009
By Anthony S. Guardino

" Anthony S. Guardino, a partner at Farrell Fritz, writes that the anti-SLAPP law makes potential plaintiffs think twice about bringing actions that arguably might fall within the scope of the statute. Although courts recognize the need to cautiously apply the law's provisions, he concludes, the occasional decision awarding costs, attorney's fees and damages has had the practical impact the Legislature seems to have intended: allowing a debate over matters of public concern with little concern over the filing of unwarranted lawsuits intended to thwart those discussions."