News & Developments »

Court Can Preserve Status Quo in Arbitration Dispute

The Fifth Circuit considered whether a district court may preserve the status quo by issuing a preliminary injunction pending resolution of the motion to compel arbitration.

"Best-Efforts" Provision Without a Goal Is Unenforceable

The Fifth Circuit Court of Appeals considered an appeal addressing “best efforts” in the context of contract jurisprudence.

Supreme Court Resolves Circuit Split on Loss Causation

The Court considered an appeal addressing whether securities-fraud plaintiffs need to prove loss causation to obtain class certification.

Articles »

The Arbitration of Consumer Unfair Trade Practices Claims

By Peter J. Boyer and Mariah N. Samost

Whether a consumer unfair trade practices claim is litigated or arbitrated can have a significant impact on the manner in which it is investigated and tried.

Civil Relief for Foreign Corrupt Practices Injuries

By Jeremy P. Evans and Andrew R. Booth

In certain narrow circumstances, Section 337 of the Tariff Act of 1930 could offer a company an opportunity to obtain relief in regard to conduct that resulted in an FCPA violation.

The Rise of Unfair and Deceptive Trade Practice Act Claims

By Michael C. Gilleran

Because of their enhanced remedies and their often low standards of proof, Unfair and Deceptive Trade Practice Acts have become a battleground in states that have them.

Announcements

Committee on Corporate Counsel to Hold 2012 CLE Seminar

The Committee on Corporate Counsel is holding its Corporate Counsel CLE Seminar February 16–19, 2012, at the Park Hyatt Aviara in Carlsbad, California.

Seeking Contributors to Our Website and Publications

We are looking for member testimonials and authors for articles. Contact Daniel Kaufmann for website submissions and Gerardo Barrios for journal submissions.