Alison Frankel

Chancery’s message to shareholders: Race to the courthouse is back on

June 15, 2016

(Reuters) – When plaintiffs’ lawyers contemplate the filing of a shareholder derivative complaint, they have to make a fundamental choice: They can rush to the courthouse with easily obtained information from news stories and public filings or they can conduct an investigation before they sue, using corporate books and records that shareholders are entitled to see in order to inform their allegations.

Notorious porn copyright troll committed ‘fraud on courts’ – 9th Circuit

June 14, 2016

(Reuters) – The shadowy Chicago firm known as Prenda Law existed for only a couple of years. Its practice was ostensibly copyright enforcement, though the firm never litigated an infringement claim all the way to a judgment on the merits. Prenda’s principals – John Steele, Paul Hansmeier and Paul Duffy – were often evasive about their relationship to the firm and to Prenda’s nominal clients, shell companies that owned copyrights on porn movies. But before its dissolution in 2013, Prenda was undeniably profitable. All told, according to an opinion issued Friday by the 9th U.S. Circuit Court of Appeals, the firm’s principals made millions of dollars from the business model they pioneered.

Federal courts are quietly allowing gun control – and SCOTUS is letting them

June 13, 2016

(Reuters) – Later this week, the justices of the U.S. Supreme Court are scheduled to consider a petition by Connecticut gun rights advocates who want the court to strike down the state’s restrictions on military-style semiautomatic weapons – the type of firearm used in this weekend’s horrific mass shooting at a nightclub in Florida and in the 2012 massacre of first graders at Sandy Hook elementary school.

1st Circuit to decide who owns copyrights on Ripoff Report reviews

June 9, 2016

(Reuters) – In January 2012, an online reviewer named Christian Dupont posted a scathing comment at Ripoff Report about Boston lawyer Richard Goren, whose firm is called Small Justice. The post accused Goren, among many other scurrilous things, of defrauding elderly clients and filing baseless lawsuits to seize his clients’ assets. Goren, who says the allegations are “completely baseless and false,” sued Dupont for defamation in Massachusetts state court over the January post and a followup in February. Dupont never showed up, and Goren ended up with a judgment awarding him copyrights to the inflammatory posts.

AIG, CVS to pay $310 million for (allegedly) tricking plaintiffs’ lawyers

June 8, 2016

(Reuters) – It happens all the time in securities class actions: Plaintiffs’ lawyers and fraud defendants agree to settlements based on the size of the company’s insurance policy for directors and officers. If a company carries, say, a $50 million D&O insurance policy, the class is better off settling for $50 million than allowing the insurance money to be paid out to defense lawyers – especially if the company claims it’s on the brink of bankruptcy.

Why Trump lawyers won’t ask Trump University judge to step aside

June 6, 2016

(Reuters) – There is a curious disconnect between what the presumptive Republican presidential nominee Donald Trump says in public about the judge overseeing two class actions claiming Trump University was a swindle and what Trump’s lawyers do in court.

7th Circuit: Forum shopping merits sanctions, even when case is legit

June 2, 2016

(Reuters) – The 7th U.S. Circuit Court of Appeals hit Wisconsin plaintiffs lawyer Christopher Stombaugh of Stombaugh Smith & Co with nearly $35,000 in sanctions on Wednesday, even though the three-judge panel agreed that Stombaugh’s complaint against BNSF Railway Company raised legitimate arguments on behalf of about 50 plaintiffs who blamed the railroad for flooding that destroyed their homes.

Delaware judge to corporations: Stop complaining, you got what you wanted

June 1, 2016

(Reuters) – This is not an easy time to be a shareholder lawyer in Delaware Chancery Court. It’s been more than a year since Chancery judges banded together to discourage reflexive M&A suits, announcing in a series of oral and written opinions that they would no longer approve settlements in which defendants agreed to boost deal disclosures in exchange for broad releases of potential shareholder claims. Chancery Court’s new policy deprived plaintiffs’ lawyers of a steady stream of income, and from cases that often didn’t require much work because they settled quickly.

Trump University case shows consequences of court secrecy

May 31, 2016

In July 2014, nearly a year before Donald Trump declared his candidacy for the presidency of the United States, lawyers representing people who claim they were swindled by Trump University marketing asked a federal magistrate in San Diego to unseal documents that Trump and his co-defendants had designated as confidential.

The rise and (apparent) decline of sealed petitions at the Supreme Court

May 27, 2016

(Reuters) – An item at Howard Bashman’s How Appealing blog caught my eye Thursday. Bashman linked to an article from the Milwaukee Journal Sentinel, reporting that the U.S. Supreme Court will allow Milwaukee District Attorney John Chisholm and two other Wisconsin prosecutors to file a certiorari petition under seal, with only a redacted version available to the public.