My blog
Home / Archives /

litigationnew

litigationnew / 150 posts found

Goldman Sachs’ apology won’t mitigate 1MDB litigation risk

by admin
Comments are off for this post.
How far will Goldman Sachs’ apology to the “Malaysian people” for its role in the multi-billion dollar 1Malaysia Development Berhad (1MDB) sovereign fund scandal go to mitigate the investment bank’s rising litigation risk and potential future payout of massive fines? David Solomon, Goldman’s chief executive officer, said on a conference call with analysts on Wednesday that Malaysia had been “defrauded by many individuals” and that Goldman’s ex-Southeast Asia managing director Tim Leissner “was one of those people.” The Malaysian government filed a criminal case against Goldman in a local court on December 17, charging that the bank made false and [...]

Fiat Chrysler said to be poised to settle US criminal, civil litigation over diesel emissions – Auto…

by admin
Comments are off for this post.
WASHINGTON -- Fiat Chrysler Automobiles is nearing a settlement with the U.S. Justice Department that would end a two-year criminal investigation into whether it knowingly sold diesel vehicles that violated clean-air rules, two people familiar with the matter told Bloomberg.  The resolution would include a financial penalty in line with Fiat Chrysler’s guidance to investors, one of the people said. The company is also getting closer to settling related civil litigation over diesel-rigging allegations, a third person said. Fiat Chrysler set aside $810 million in October for expenses related to all diesel probes. A settlement of the civil litigation could [...]

Non-litigation justice needed “but robots not answer” – Legal Futures

by admin
Comments are off for this post.
Barendrecht: Innovation in legal space potentially lucrative Most people around the world cannot find a just solution to their legal problems, so a new ‘value proposition’ is necessary that provides user-friendly justice at scale, is not based on litigation for resolution, and has legal aid lawyers joining with innovators, according to a massive study. However, the future of justice was not “robotic judges or artificial intelligence layered like frosting on a poorly baked cake”, it said. To produce Understanding justice needs: the elephant in the courtroom, Netherlands-based HiiL – the Hague Institute for Innovation of Law – used United Nations [...]

Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied

by admin
Comments are off for this post.
Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts. Background [...]

Latest trial in J&J talc litigations gets under way in California – Reuters

by admin
Comments are off for this post.
(Reuters) - A California jury on Monday heard opening statements in the latest trial over allegations that Johnson & Johnson’s (JNJ.N) talc-based products, including the company’s baby powder, were contaminated with asbestos and cause cancer. FILE PHOTO: Bottles of Johnson & Johnson baby powder line a drugstore shelf in New York October 15, 2015. REUTERS/Lucas Jackson/File Photo The lawsuit brought by Terry Leavitt in Alameda Superior Court in Oakland is the first of over a dozen J&J talc cases scheduled for trial in 2019. The company is facing some 11,700 lawsuits over the safety of talc in its products. Leavitt’s [...]

What To Expect When Raising Litigation Finance – Above the Law

by admin
Comments are off for this post.
The first step in the litigation finance process typically involves a decision by a company, perhaps together with its counsel, that it makes sense to explore whether litigation finance is an attractive option.  There are many reasons why a company may choose to do so.  Consider, for example, a company that has been wronged but lacks the financial resources to hire its preferred lawyers to pursue the case.  Or a company that has been engaged in litigation for a number of years and, due to changed circumstances or litigation fatigue, is no longer able or willing to endure the uncertainty [...]

Auction house loses 'dual purpose' art litigation privilege case

by admin
Comments are off for this post.
In the view of the High Court, the correspondence failed the 'dominant purpose' test, in that it was not created for the sole or dominant purpose of conducting litigation. The correspondence had instead been created for two purposes: deciding whether the contract for sale should be rescinded on the grounds that the painting was counterfeit, which was a commercial, rather than a litigation, purpose; and preparing for related litigation. Neither of these purposes could be said to be "dominant", according to the court. Alan Sheeley of Pinsent Masons, the law firm behind Out-Law.com, said that the case was one of two [...]

You Had Me at “I’m Sorry”: The Impact of Physicians’ Apologies on Medical Malpractice Litigation

by admin
Comments are off for this post.
Tuesday, November 6, 2018 Physicians typically recall, with stunning clarity, the moment a patient’s treatment went wrong.  Following an adverse event, physicians often are tormented by competing desires to apologize and instincts to forge ahead without acknowledgement. A patient’s decision to file a malpractice action may be triggered by the physician’s response to a problem − or lack thereof. The Washington Post highlighted contrasting tales of medical errors in which two patients suffered devastating consequences during surgery. Frustrated by a “white wall of silence” preventing her health care providers from articulating more than “’things didn’t go well,’” the first patient [...]

Five Keys to Avoiding Litigation Malpractice

by admin
Comments are off for this post.
English philosopher and jurist, Jeremy Bentham, is credited as having said, “Lawyers are the only persons in whom ignorance of the law is not punished.” Sorry, Mr. Bentham, lawyers are, indeed, punished for their ignorance of the law and for every other conceivable error or oversight. Such “punishment” is administered in the form of legal malpractice actions and those most at risk for such actions are litigation attorneys. According to the most recent survey of the American Bar Association’s Standing Committee on Professional Liability, personal injury litigation, alone, accounts for more than 20 percent of all legal malpractice claims brought [...]

Report: Litigation Down But Regulatory Proceedings on the Rise

by admin
Comments are off for this post.
While litigation is down, companies are facing more regulatory proceedings and arbitration, according to the 2018 Litigation Trends Annual Survey of 365 in-house legal professionals of mostly U.S.-based global companies, published by Norton Rose Fulbright on Thursday. “This results this year provide some unexpected findings,” said Norton Rose Fulbright global head of litigation, Gerry Pecht, in the report. The report found that 67 percent of respondents felt that regulators have become more interventionist over the past year, while 33 percent felt regulators have become less interventionist. Pecht said “that many jurisdictions have tightened up on regulations. There have been new regulations [...]