Searching Content indexed under Litigation, Mediation & Arbitration by Hughes Hubbard & Reed LLP ordered by Published Date Descending.
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Supreme Court Rules SEC ALJ Appointments Unconstitutional But Leaves Important Questions Unanswered
On June 21, 2018, the Supreme Court ruled in Lucia v. SEC that administrative law judges ("ALJs") employed by the Securities and Exchange Commission ("SEC") to adjudicate enforcement actions...
United States
9 Jul 2018
Supreme Court Resolves Circuit Split Over Arbitration Clauses In Employment Contracts
On May 21, 2018, the U.S. Supreme Court ruled that the Federal Arbitration Act ("FAA") permits an employer to require an employee to arbitrate employment-related disputes individually.
United States
24 May 2018
Litigation Wrap: First Quarter 2018
On Feb. 19, Hughes Hubbard led a U.S. shipbuilder to a major arbitration victory against Venezuela's Defense Ministry when a tribunal awarded our client approximately $129 million ...
25 Apr 2018
Six Class Actions For 16 Microliters: A Case Study
Mary Bartkus, Special Counsel, has authored a paper titled "Six Class Actions for 16 Microliters: Eye Drop Litigation Reopens in New Jersey is Dismissed in Massachusetts, and is on Appeal to the First Circuit.
United States
22 Feb 2018
Applying The Proportionality Standard Under Rule 26 Against The SEC
This article examines how the proportionality standard under Rule 26 can be used to limit deposition discovery of the government in enforcement proceedings brought by the U.S. Securities and Exchange Commission.
United States
29 Jan 2018
Litigation Wrap: Fourth Quarter 2017
On Sept. 29, Hughes Hubbard led Vyera Pharmaceuticals to a big win when a Manhattan federal judge ruled that Impax Laboratories Inc. could not collect $43 million from Vyera, ...
United States
19 Jan 2018
Does Stern v. Marshall Prohibit Non-Consensual Third Party Releases Of Non-Bankruptcy Claims In Plans Of Reorganization?
An increasingly common aspect of Chapter 11 plans is non-consensual third party releases, which are often a vital tool required to obtain global peace among competing constituencies...
United States
21 Nov 2017
Unresolved Questions Remain In Recharacterizing Insider Debt
On August 10, 2017, the Supreme Court dismissed the writ of certiorari in PEM Entities LLC v. Levin as improvidently granted. See No. 16-492, 2017 WL 3429146, at *1 (U.S. Aug. 10, 2017).
United States
13 Nov 2017
Just Passing Through: Merit Management Group, LP v. FTI Consulting, Inc.
Next week, the Supreme Court will hear oral argument in Merit Management Group v. FTI Consulting to decide the correct way to apply the safe harbor of section 546(e) of the Bankruptcy Code.
United States
8 Nov 2017
Litigation Wrap: Third Quarter 2017
Hughes Hubbard won a decisive victory on July 28 when the International Chamber of Commerce Court of Arbitration in Paris ruled unanimously in favor of Areva subsidiary CFMM in its dispute...
United States
26 Oct 2017
Delaware Guidance For Deals Involving A Controlling Stockholder And A Third Party Acquirer
In In re Martha Stewart Living Omnimedia, Inc. Stockholder Litigation, the Delaware Court of Chancery clarified how a controlling stockholder may obtain dismissal at the pleadings stage (as opposed to after lengthy and costly discovery) ...
United States
1 Sep 2017
Litigation Wrap: Second Quarter 2017
Hughes Hubbard led TC Heartland LLC to a decisive, 8-0 victory over Kraft Foods in the Supreme Court of the United States.
11 Aug 2017
Bankruptcy Court Exercises Jurisdiction Over Foreign Defendant Based On Consent To Jurisdiction Clauses In Loan Agreement And DIP Order.
The United States Bankruptcy Court for the Southern District of New York recently held that it had personal jurisdiction over a foreign defendant that was paid funds pursuant to the Court's order...
United States
27 Jun 2017
Technology & Game Developers: The Next Targets For The Plaintiffs' Product Liability Bar?
Technological advances sometimes create opportunities for crafty plaintiffs' attorneys.
United States
26 May 2017
Litigation Wrap: First Quarter 2017
Hughes Hubbard earned a big win for Rabobank on Jan. 18, when a Nevada state court judge tossed an action seeking to hold the Dutch financial services provider liable for a failed tax shelter it had financed.
United States
3 May 2017
In The American Lawyer: Big Suits
May's issue of The American Lawyer features the firm's recent $1.2 billion win for Canadian mining company Crystallex.
United States
3 May 2017
In Re: Accutane
On the Basis of the Learned Intermediary Doctrine, New Jersey Superior Court Dismissed 160 of 162 Plaintiffs in the Accutane MDL
United States
9 Mar 2017
In Re: Bard IVC Filters Products Liability Litigation
Under the Amended Discovery Rules Requiring Proportionality, the District of Arizona Refused to Compel Bard to Search For Foreign Communications
United States
9 Mar 2017
Aaron v. Medtronic, Inc.
Southern District of Ohio Found Plaintiffs' Claims Were Preempted When Based on a Component of a Larger Pre-Market Approved Medical Device
United States
9 Mar 2017
Post Daimler AG v. Bauman Decisions
Nationwide, courts are applying the United States Supreme Court's ruling in Daimler AG v. Bauman and granting defendants' motions to dismiss based on a lack of personal jurisdiction.
United States
8 Mar 2017
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