An arbitration agreement may specify confidentiality, but does that term necessarily control and require sealing of subsequent proceedings in court? “No,” us...

An ounce of prevention versus ………. VW’s $18 billion charge for the emissions cheating scandal provides a timely example of the need to stay in front of techn...

For companies operating in the UK, there are more issues for public company directors and risk managers to consider when evaluating whether management’s oper...

When should corporate officers face criminal charges? Judge Rakoff famously commented on DOJ not indicting bankers from the 2008 financial fiasco. There also...

Which direction will GM take for its ignition switch failures – a compensation fund or litigation? Relevant considerations include the outcome of the ongoing...

The NYT story is here. One can assume that day-traders and hedge funds will be busy shorting bank stocks and otherwise betting on the litigation impacts. T...

Hard to believe. Banks do face pressures these days, and B of A is under particular pressure with its stock price down 53%. But now B of A is responding to ...

Class actions and mass filings raise the stakes for mass tort defendants. Back in the day, before "free fall" descents into chapter 11, several "asbestos de...

Suppose you are a crisis manager worried about your public company’s falling stock price due to massive tort claims and/or regulatory changes. As you weigh o...

Here is a different example of how mass tort litigation ends up becoming a media story. In this instance, the media consists of the latest story on Toyota’s ...