Here is a pithy summary at Opinio Juris from Julian Ku of discussions at an ASIL session regarding Chevron v. Ecuador.

On the general topic of ATS-type claims. Michael Goldhaber at American Lawyer published this all-encompassing but brief summary – it paints a tough road ahead for plaintiffs in ATS-type claims. Key excerpts follow:

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Two significant, upcoming securities law cases in Australia  are relevant to corporations and their officers and directors coping with mass tort liabilities and risks, and issues related to corrections/changes to prior disclosures.  Both are cases that ASIC –  Australia’s  SEC – will soon argue to the Supreme Court in Australia. 


Case number one involves James Hardie, a significant asbestos defendant in Australia. The issues arise from allegedly deficient disclosures made a decade ago when Hardie created a fund to resolve its asbestos "liabilities." The fund turned out to be under-funded by some large amount – some say by $ 1 billion. More specifics are provided below through an article in The Australian. 

The second case involves a different company that allegedly made misleading statements about the strength of legal agreements. Again, more specifics are provided through an article in The Australian. Article excerpts are after the jump. 


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DealBook this morning drew attention to the finally-emerging numbers published by Bloomberg on the loans granted to Wall Street and others. Anyone paying attention has known for some time that the numbers are large, and now the size becomes even clearer. The numbers are even more interesting to read against the backdrop of Gretchen

Multidistrict litigation panels manage mass claims. The legal community is used to seeing MDLs involving product liability claims related to drugs, implants, and toxins. But MDL proceedings are in fact underway as to financial institutions. An example is In re: Countrywide Financial Corp. Mortgage-Backed Securities Litigation, No. 2265.  A  new order of

Public companies feel pressure through stock price, and mass tort litigation can put stock price under enormous pressure. Stock price pressures arise from ordinary investor concerns, and myriad other traders who could do not care about the company but seek to profit on the stock price uncertainty. Back in the day, these principles were