Articles

Defending Audit-Malpractice Cases: The Audit-Interference Rule

By James H. Bicks and Robert S. Hoff

The rule may restrict the type of client conduct that counts for purposes of apportioning fault.

Damages: You Can't Always Get What You Want

By James A. Brown and Erin L. Delatte

Recent case developments prove the vitality of the familiar principle that malpractice plaintiffs may recover what is needed to make them whole, but nothing more.

Key 2011 Decisions in Shareholder Derivative Litigation

By Scott B. Schreiber, Kavita Kumar Puri, and Robert Alexander Schwartz

Courts last year generally reaffirmed well-established corporate-governance principles protecting directors and officers.

Criticism and Self-Criticism: Law and Compliance in a Revolutionary Time

By John H. Walsh

Regulated entities seeking recognition of their proper conduct should expect to receive criticism and be ready to engage in self-criticism.

Ethical and Liability Risks Posed by Lawyers' Use of Social Media

By Merri A. Baldwin

The increasing use of social media to grow legal practices has led to concerns about ethical violations and liability.

New York Reaffirms the Vitality of In Pari Delicto

By Kenneth Y. Turnbull and J. Emmett Murphy

Third parties may be able to assert a fraud claim free from imputation-based defenses, but they may not recover in negligence against those professionals.

Class Certification Requirements in 10b-5 Cases

By Scott B. Schreiber, Kavita Kumar Puri, and Robert Alexander Schwartz

What does it take to certify a securities fraud class? Three circuits have varying views on the prudential and equitable concerns invoked by securities fraud class certifications.

What Makes Securities Class Actions with Accounting Allegations Different?

By Elaine Harwood, Adoria Lim, and Laura Simmons

Accounting allegations affect both the likelihood of dismissal and amounts paid in settlements.

Constitutional Developments in Lawyer Advertising in 2010

By Erin L. Delatte

Lawyer advertising developments in 2010 focused on the constitutionality of restrictions on lawyer advertising under the First Amendment.

GAAP: The Effect of the Codification on Accountant and Auditor Liability Cases

By Tim Lucas, Elaine Harwood, and Ryan Miller

The Codification is changing the way we research and refer to GAAP in accountant and auditor liability cases.

The "I Am Not Your Lawyer" Case

By James A. Brown and Carey L. Menasco

When an attorney-client relationship is inferred, there is almost always an attendant issue of conflict of interest.

Causation and Case-Within-the-Case Developments in 2010

By Erin L. Delatte

Recent cases support the widespread use of the case-within-the-case method to attack proximate cause.

Social Media Research: The New Reality for Trial Attorneys

By Christine Martin

There are serious risks and liabilities associated with the Internet and social media, particularly for legal professionals and their clients.

Litigation 101: Preparation and Defense of Your Deposition Witness

By Amy E. Davis

The four Ps for witness preparation will ensure you and your witness will make the best impression at deposition.

Supreme Court Invalidates For-Cause Removal of Public Company Accounting Oversight Board Members

By Jeffrey C. Sharer, David S. Petron, and Tacy F. Flint

The Supreme Court recently rejected provisions of the Sarbanes-Oxley Act of 2002 that restrict the authority of the SEC to remove PCAOB members.

The Second Circuit Rejects Loss Causation Based on Innuendo and Rhetoric

By Scott B. Schreiber and Robert A. Schwartz

The U.S. Court of Appeals recently held that fraud claims did not proximately cause losses that were triggered by negative news coverage of related facts.

Preserve Evidence Early: Litigation Holds Support Claims Of Work Product

By Breana Smith

Attorneys should consider a holistic approach to preparation rather than one that views pre-litigation and discovery as unrelated.

Court Resolves Circuit Split on Standard for Investment Adviser Fees

By Scott B. Schreiber and John Freedman

The Supreme Court resolves the circuit split regarding the standard for challenges to investment adviser fees under the Investment Company Act.

Supreme Court 2009-2010: Professional Liability Cases

By Thomas W. Curvin and Tracey K. Ledbetter

A number of cases on the Supreme Court’s docket this term address issues related to the regulation of attorneys, accountants, and other professionals.

Liability for Secondary Actors

By Hille R. Sheppard and Brian D. Rubens

Since 1994, private plaintiffs have been barred from bringing securities fraud claims under Section 10(b) and Rule 10b-5 (or aiding and abetting claims) against defendants who did not make, author, adopt, or have attributed to them a false or misleading statement.