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  • Article

    Is Mortgage Underwriting To Blame For Subprime Losses? Disentangling The Effects Of Poor Underwriting From The Economic Downturn

    The default of subprime mortgages has led to an array of litigation over losses allegedly resulting from failures in underwriting and servicing practices. While mortgage loan underwriting and servicing failures have been widely reported, whether or to what extent such shortcomings were responsible for losses is less evident.
    United StatesCorporate/Commercial Law
    NERA
    NERA
  • Article

    First Flesh On The Bones Of The New UK Government's Energy Policy?

    The UK Department of Business, Energy & Industrial Strategy (BEIS) chose 9 November 2016 to release a series of long-awaited energy policy documents.
    United KingdomEnergy and Natural Resources
    Dentons
    Dentons
  • Article

    FCA Enforcement Performance: Part 2 – The Forex Effect

    Citibank, JPMC and UBS have also faced huge fines from their home regulators, including the CFTC and Finma.
    United KingdomCriminal Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Credit Crisis Litigation Revisited: Litigating the Alphabet of Structured Products*

    When we first examined the credit crisis and its subsequent litigation in July 2008, the related losses and lawsuits were in their early stages.
    United StatesFinance and Banking
    NERA
    NERA
  • Article

    Energy, Environmental and Utilities Alert! - August 16, 2011

    Cozen O’Connor’s Energy, Environmental and Public Utility practice is committed to keeping its clients informed of the latest regulatory developments and industry-related news.
    United StatesEnvironment
    Cozen O'Connor
    Cozen O'Connor
  • Article

    First Progress Report From Workplace Relations Commission

    The Workplace Relations Commission ("WRC") has published its 2016 Progress Report and Commentary.
    IrelandEmployment and HR
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    The Workplace Relations Commission Publishes First Annual Progress Report

    The Workplace Relations Commission ("WRC") has published its 2016 Progress Report and Commentary (the "Report").
    IrelandEmployment and HR
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Federal Circuit Reverses Damages Expert Exclusion Based On Causal Connection Between Royalty Base And Alleged Infringement

    The Federal Circuit reversed a trial court's exclusion of a damages expert in a patent infringement case, finding that the expert's use of "virtual machine hours" as a royalty base could establish a reliable causal connection to the alleged infringement. This reversal vacated Microsoft's summary judgment victory and remanded the case for further proceedings, potentially reshaping how damages experts approach royalty base calculations in software patent disputes.
    United StatesIntellectual Property
    NERA
    NERA
  • Article

    Subprime and Synthetic CDOs: Structure, Risk, and Valuation*

    Collateralized debt obligations (CDOs) and other structured financial products containing subprime mortgages have been a focal point of the credit crisis, giving rise to a growing amount of investigative journalism as well as credit crisis litigation.
    United StatesFinance and Banking
    NERA
    NERA
  • Article

    Short Sale Constraints And Market Efficiency In Securities Litigation

    In order for plaintiffs to certify a class in securities fraud class action litigation, they must demonstrate that class members relied on the allegedly fraudulent information.
    United StatesCorporate/Commercial Law
    NERA
    NERA
  • Article

    Federal Court issues injunction against London arbitrator – no inherent jurisdiction in Australian courts to uphold arbitration agreements

    The Federal Court of Australia affirmed its jurisdiction to issue an injunction against an arbitrator in London to prevent him hearing the arbitration, and to enforce such injunction by contempt proceedings if need be.
    United KingdomTransport
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Recommended Reading: "A Tale Of Two Cups: Acquired Distinctiveness And Survey Evidence Before The TTAB"

    The latest issue of The Trademark Reporter (pdf here) includes a Commentary by Sarah Butler and Healey Whitsett entitled...
    United StatesIntellectual Property
    Wolf, Greenfield & Sacks, P.C.
    Wolf, Greenfield & Sacks, P.C.
  • Article

    Supreme Court Decision In Halliburton II Affords Welcome Tool To Defendants

    Although the business community had hoped the Court would overrule Basic v. Levinson, and the presumption of reliance it created, the Court did not go so far.
    United StatesCorporate/Commercial Law
    Jones Day
    Jones Day
  • Article

    No Doctor, No Problem: The Benefits Of Innovation Expanding OTC Drug Access

    This study examines how innovation in patient access to treatment without a prescription could address critical patient needs. Notable disparities in healthcare access and outcomes persist across both geographic areas...
    United StatesFood, Drugs, Healthcare, Life Sciences
    NERA
    NERA
  • Article

    From Broadcasting To Telecommunications And Everything In Between: Reflections On The Recent New Developments In Communications Law And Policy Conference

    This conference is always a stimulating and fascinating opportunity to share thoughts with colleagues in the Canadian communications sector.
    CanadaMedia, Telecoms, IT, Entertainment
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Court Rules Ofgem's "Embedded Benefits" Decision Not Flawed

    In a judgment dated 22 June 2018, the High Court (Lavender J) dismissed a challenge brought by a number of electricity generators (the Claimants) against a decision of the Gas and Electricity ...
    United KingdomEnergy and Natural Resources
    Dentons
    Dentons
  • Article

    FERC NOI Considers Expansion Of Cybersecurity Rules To Distributed Generation

    On Wednesday, June 24, 2020, the Federal Energy Regulatory Commission (FERC or "the Commission") published a Notice of Inquiry (NOI) in the Federal Register soliciting comments on Federal Energy...
    United StatesTechnology
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Credit Crisis Litigation Update: It Is Settlement Time

    It has been more than six years since the onset of the credit crisis and we have documented for the first time in the past few months a significant increase in the number and size of settlements.
    United StatesLitigation, Mediation & Arbitration
    NERA
    NERA
  • Article

    Class Certification In Wage And Hour Litigation: What Can We Learn From Statistics?

    While discrimination and sexual harassment cases have historically dominated the labor litigation arena, the number of wage and hour cases has risen dramatically over the past decade.
    United StatesEmployment and HR
    NERA
    NERA
  • Article

    Rejection Of Schengen Visa Due To A 'Risk Of Residence'

    On 23 April 2023, the Dutch newspaper NRC reported that the Minister of Foreign Affairs (hereinafter: the Minister) has disregarded recommendations to stop using profiling software for the assessment of Schengen visa applications.
    NetherlandsImmigration
    Everaert Advocaten
    Everaert Advocaten

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