When can a company’s silence support a Rule 10b-5 claim? The U.S. Supreme Court will consider that question next term in Leidos Inc. v. Indiana Public Retirement System. The case is generating buzz because it could expand the universe of omissions actionable under the judicially created private right of action for securities fraud.
This article reviews the amendments to Rule 26(b)(1) of the Federal Rules of Civil Procedure took effect and reviews those decisions to provide takeaways that litigants should bear in mind as the amended rules turn two.
The New York Department of Financial Services has proposed "first-in-the-nation" sweeping cybersecurity regulations for banks, credit unions and insurers chartered or licensed in New York. If adopted as written, compliance with the proposed regulations could prove expensive and challenging because of their comprehensiveness, accountability demands, and subjectivity, the authors, Kate McGrail and Elizabeth Del Cid, write.
Elizabeth Del Cid and Kate McGrail author “Spoliation Allegations Spread into Arbitration” for the US News/Best Lawyers, pages 38-39.
Companies of the future are expected to have flourishing women’s initiatives with a list of rising and current stars to boot. Why? In the last 40 years or so, academia has been admitting just as many female students as male students annually on average. At some schools, women even outnumber men.
(co-authored with Timothy H. Irons) - The Global Warming Solutions Act of 2006 (AB 32) introduced new statewide goals for reducing greenhouse gas (GHG) emissions. The following year, Senator Robert Dutton’s lesser-known GHG bill SB 97 was passed. SB 97 does two things -- it directs the Office of Planning and Research (OPR) to develop guidelines for reducing or eliminating GHG emissions and protects infrastructure projects funded by voter-approved bonds from legal attack based on noncompliance with AB 32. Although the AB 32 exemption provided by SB 97 expires Jan. 1, 2010, the guidelines prepared by OPR and adopted by the state Resources Agency may pose significant, long-lasting changes to the environmental review and approval of projects throughout California.