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InsideCounsel Magazine February 2006










  • Courts Interpret Securities Law in Wake of Dura

    Most of the defense bar applauded the Supreme Court's April 2005 decision in Dura Pharmaceuticals Inc. v. Broudo because it significantly tightened the reins on securities fraud cases. Dura rejected the notion that simply alleging the stock price was inflated at the time of purchase due to misrepresentation gives rise...

  • Idaho County's RICO Case Fails

    A federal judge has thrown out the first attempt by a government body to use the Racketeer Influenced and Corrupt Organizations Act (RICO) to collect damages from companies it accuses of depleting public resources through hiring illegal immigrants. On July 27, 2005, Canyon County Idaho filed suit against Syngenta Seeds,...

  • Cook County Makes its Judicial Hellhole Debut at No. 2

    Move over Madison and St. Clare counties. There's a new judicial hellhole in the state of Illinois. According to the American Tort Reform Association (ATRA), Cook County, which includes Chicago, tops its neighboring jurisdictions on the 2005 list of judicial hellholes, coming in at No. 2. Formerly the reigning king...

  • Uniform Policies Land Retailers in Court

    Hawking Chico's high-end female fashion was Charissa Villanueva's bread and butter. But behind her salesperson smile lurked bitter unhappiness. Villanueva had spent $500 to conform to the California store's dress code. Chico's policy required all employees to wear either its brand, or clothing in the style of its brand. Frustrated...

  • Hedge Fund Manager Fights SEC Regs in Court

    The hedge fund industry operates in a notorious shroud of secrecy. Investors and government regulators know little about hedge funds' practices, activities and leadership, in stark contrast to the strict regulations and public scrutiny to which mutual funds and other investment vehicles are subject. Since June 2004 the SEC has...

  • Porn Distributors Back in Court

    Porn distributors Robert Zicari and Janet Romano thought they had finally reached an end to their long legal battle when Pittsburgh U.S. District Judge Gary L. Lancaster dismissed a 10-count criminal indictment charging the couple with violating federal obscenity laws, ruling the laws unconstitutional. However, a three-judge panel of the...

  • Retirees Win Benefits Fight

    A U.S. District Court ruling has blocked Troy, Mich.-based ArvinMeritor Inc.'s plans to enforce new health insurance rules for their automotive employees on Jan. 1. The company is appealing the case to the 6th Circuit Court of Appeals. Retirees from ArvinMeritor and the United Auto Workers union brought a lawsuit...

  • Phone Co. Can Continue Services

    On Dec. 12, 2005, the U.S. Court of Appeals for the Federal Circuit stayed an injunction against Boston Communications Group Inc. (BCGI) giving the company and its millions of customers a much needed breath of fresh air after months of uncertainty. The U.S. District Court of Massachusetts ordered BCGI to...

  • Speak Up

    It's not uncommon for our reporters to call up a company involved in litigation for its side of the story only to get stonewalled. The general counsel refuses to give an interview or never returns reporters' calls. I can only assume that the GC hopes that by not giving an...

From The Editor

  • Lost Identity

    A few days before Christmas I received a thin, white envelope from my mortgage company, ABN AMRO. I thought it was a holiday greeting card. It wasn't. The envelope contained a two-page letter from the CEO explaining how his company had lost a computer tape that contained my social security...

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