Alison Frankel

The legal argument against mandatory vaccination

January 8, 2015

A three-judge panel at the 2nd U.S. Circuit Court of Appeals heard oral arguments on Jan. 5 in Phillips v. City of New York, in which three families sued the city and the state over enforcement of New York’s law mandating vaccination for public school children. Just two days later, the appeals court affirmed a trial judge’s dismissal of the families’ constitutional challenge. In a 14-page per curiam opinion, 2nd Circuit Judges Gerard Lynch and Denny Chin and U.S. District Judge Edward Korman of Brooklyn, sitting by designation, said that New York’s mandatory vaccine law does not violate the families’ constitutional due process, equal protection or religious freedom rights.

Chancery Court backs ‘appraisal arbitrage.’ Good for shareholders?

January 8, 2015

Companies involved in mergers and acquisitions lost a couple of big decisions Tuesday in Delaware Chancery Court, where Vice Chancellor Sam Glasscock assured the future of a burgeoning investment strategy known as “appraisal arbitrage.” But according to a forthcoming study – the first in-depth analysis of the recent explosion in post-merger suits over the fair market value of stock in M&A targets – appraisal arbitrage litigation is a boon to shareholders.

Bank defendants and forex: Not all rate-rigging class actions are alike

January 6, 2015

On Monday, JPMorgan Chase filed a letter with U.S. District Judge Lorna Schofield of Manhattan, reporting an agreement to settle a big antitrust class action alleging that the bank colluded with 11 other global financial institutions to manipulate benchmark trading prices in the foreign exchange market. My colleague Jon Stempel reported that JPMorgan – which was one of six banks in a $4.3 billion forex deal with U.S. and British regulators in November – will pay about $100 million to private plaintiffs who claim to have lost money as a result of the alleged price-fixing conspiracy.

Time for defendants to reassess risk in data breach class actions?

January 5, 2015

Based on sheer numbers of people affected, I doubt there’s any litigation bigger than data breach class actions. Information on hundreds of millions of consumers has been exposed by hackers who overcame corporate cyber-defenses at banks and retailers such as JPMorgan Chase, Home Depot and eBay. That’s an awful lot of plaintiffs for privacy breach defendants to face.

Ugly-duckling shareholder derivative suits are poised for swandom

January 2, 2015

Even if you believe that shareholder litigation is an effective means of compensating investors for corporate misconduct, you have to wonder about derivative suits.

Terror victims to 2nd Circuit: Let case vs PLO go to trial next month

December 18, 2014

The Palestinian Authority and the Palestinian Liberation Organization are scheduled to go to trial in federal district court in Manhattan next month to defend against claims by more than 40 U.S. citizens (or their survivors) who were injured or killed in attacks in Israel between 2000 and 2004. U.S. District Judge George Daniels has set jury selection to begin on Jan. 7 and opening statements to be presented on Jan. 13.

Allergan shareholders sue Pershing, Valeant for insider trading

December 18, 2014

Did you think the whole Allergan/Pershing Square/Valeant takeover mess ended last month when Allergan’s board voted to accept a better offer from Actavis and Valeant withdrew its bid? Think again. On Tuesday, an Allergan shareholder who sold stock right before Pershing and Valeant first announced their joint bid for Allergan in April brought a class action claiming that Pershing and Valeant owe damages to him and other Allergan shareholders because they violated insider trading prohibitions when they acquired a toehold in Allergan.

Do Sony employees have the right to sue over data breach?

December 16, 2014

Sony’s headaches from the wholesale theft of its data worsened Tuesday when two former employees filed the first class action accusing the movie studio of failing to protect their confidential information. The former employees, represented by Keller Rohrback, allege that Sony was negligent for leaving its computer systems insufficiently shielded from hackers. They also claim Sony violated a California state law that requires employers to protect employees’ medical records, as well as California and Virginia state laws requiring companies to put out broad notifications when their data storage systems are breached. The complaint was filed in federal court in Los Angeles on behalf of thousands of current and former Sony employees and family members who, according to plaintiffs’ lawyer Gretchen Cappio, “are outraged their private information is floating around the Internet.”

Sony’s big bluff can’t beat First Amendment

December 15, 2014

Word broke this weekend that Sony Pictures Entertainment has hired celebrated lawyer David Boies of Boies Schiller & Flexner to warn news organizations away from publishing stories based on information hacked from the studio’s servers. Boies’ letter, sent to top in-house counsel at the New York Times, Bloomberg, Variety and the Hollywood Reporter, said the hacked documents contain trade secrets, Sony intellectual property and privileged legal advice. If news organizations use the stolen material, the letter said, Sony “will have no choice but to hold you responsible.”

DOJ to SCOTUS: Bankruptcy lawyers can bill for defending their fees

December 12, 2014

Baker Botts has to be feeling good about the amicus support it received this week at the U.S. Supreme Court, where the firm is trying to overturn a decision by the 5th U.S. Circuit Court of Appeals that not only cut $5 million from the fees awarded to Baker Botts in the Asarco bankruptcy but also held that the U.S. Bankruptcy Code, as a matter of law, precludes debtors’ lawyers from charging for the cost of defending their fee applications. Baker Botts persuaded the Supreme Court in October to take up the question, arguing that the Bankruptcy Code gives judges the authority to award fees for the successful defense of a fee application.