Appellate Law

Fiduciary Duties for Activist Shareholders
Together with Iman Anabtawi, I have just issued a new article on SSRN entitled Fiduciary Duties for Activist Shareholders. The article is to be published in the Stanford Law Review, and a current draft is available here...

New : United States District Court, S.D. Iowa - C&J v. Anderson
Background: Lessors of various equipment to businesses brought action against former employee and competitor, alleging claims for breach of fiduciary duties, civil conspiracy, unjust enrichment, copyright infringement, misappropriation of financial trade secrets, aiding and betting breach of fiduciary duties, and trademark violation...

West on Unenumerated Duties
Robin L. West (Georgetown University Law Center) has posted Unenumerated Duties (University of Pennsylvania Journal of Constitutional Law, Vol. 9, p. 221). Here is the abstract:The article aims to make problematic the relative absence of questions about the affirmative duties...

SEC's Enforcement Division Posts Enforcement Manual
The SEC's Enforcement Division posted its Enforcement Manual on the SEC website. According to the Manual, it is an electronic document designed to be a reference for the staff in the U...

Bix on Consent
Contracts are usually said to be different from things like crimes and torts in that they impose duties based on the consent of the party. We're all bound by duties of tort law whether we choose to be or not,...

New UCL "unfair" prong decision: In re Red Light Photo Enforcement Cases
In In re Red Light Photo Enforcement Cases, 13 Cal.App.4th 1314 (Jun. 13, 2008), the Court of Appeal (Fourth Appellate District, Division One) appeared to assume without deciding that a UCL claim may be predicated on an attempt to enforce...

Child Support Survival Guide
The Child Support Enforcement System

Grubb & Ellis
alleging violations of fiduciary duties to shareholders and securities laws.

Lehman Brothers
allegedly breached ERISA duties for employee savings plan participants.

Mutual Fund Losses
alleging financial advisors breached fiduciary duties by not looking out for investors best interests.

Immigration and Customs Enforcement
alleging government agencies and officials violated immigrant workers' constitutional rights.

PhotoCop Tickets
Minneapolis to pay $2.6 million settlement in traffic enforcement lawsuit.

Department of Homeland Security, Immigration and Customs Enforcement, and the Division of Immigration Health Services
allegedly drugged deported immigrants with sedatives.