Legal Research

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Immigration Law
Thursday, January 21, 2010
By Michael D. Patrick

" Michael D. Patrick, a partner and general counsel at Fragomen, Del Rey, Bernsen & Loewy, discusses various ways in which foreign nationals may face immigration consequences through criminal activity, the exceptions and waivers that might be available, and recommendations should your foreign national employee, client, or colleague encounter trouble with law enforcement."

Antitrust
Thursday, January 21, 2010
By Elai Katz

" Elai Katz, a partner of Cahill Gordon & Reindel, discusses recent developments of interest, including a Second Circuit ruling that claims of price fixing by music companies should not have been dismissed and that courts should look to the context surrounding parallel conduct when determining the sufficiency and plausibility of complaints alleging agreements in restraint of trade, a Sixth Circuit dismissal of a racetrack's monopolization claims against NASCAR because the plaintiff's economist failed to show that premium stock car racing constituted its own relevant market, an Eighth Circuit holding that cardiologists complaining of exclusion from a health insurance network could not limit the relevant market definition to patients who had private insurance plans, and more. "

OUTSIDE COUNSEL:

Negligence in the Air: International Greenhouse Gas Emissions Litigation
Thursday, January 21, 2010
By John Fellas

" John Fellas, a partner at Hughes Hubbard & Reed, writes that while both Comer v. Murphy Oil USA and Connecticut v. Am. Elec. Power Co. concern claims by U.S. plaintiffs against U.S. defendants for damages suffered in the United States, nothing in the logic of these decisions would limit their holdings to domestic victims, actors or territory. Greenhouse gas emissions generated in one country flow across national boundaries with ease and mix with the greenhouse gas emissions generated by other actors in other countries, and their impact - rising temperatures and sea levels and the resulting harm - could be felt anywhere. The result may be a wave of international climate change litigation in the U.S. courts. "

CORPORATE UPDATE:

Corporate Securities
Thursday, January 21, 2010
By John C. Coffee Jr.

" John C. Coffee, Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and director of its Center on Corporate Governance, writes that unusual as it is to hold a secondary participant legally responsible under a more relaxed standard than the issuer, Section 6003 of H.R. 4173, which creates a private right of action for gross negligence that is applicable only to rating agencies, clearly reflects the congressional and public anger at the rating agencies, who were the gatekeepers that failed the worst during the 2008-2009 financial meltdown. But does this approach make sense? "