Partners Elliot Ostrove and Beth Sher and associate Andrés Acebo authored an article on the Supreme Court's Standard Fire v. Knowles decision, The decision clarified a removal provision of the Class Action Fairness Act of 2005 by ruling that a plaintiff's stipulation was not an appropriate factor by which to judge whether total class damages would exceed the $5 million threshold for federal jurisdiction. Their article, "The Road That Led to Standard Fire V. Knowles," appeared on April 8, and they write that, "Standard Fire settles the circuit split on whether precertification damages stipulations are a colorable way of preventing federal removal. The Supreme Court's opinion breathes strength into CAFA's congressional intent and, in the process, ensures defendants the viability of federal removal at a time when class-plaintiffs scour the country for favorable state forums."
Clifford Nichols wrote an article, "When Addressing Cybersecurity and Data Breach, Don't Forget eDiscovery," for New Jersey Law Journal. The article is about how companies should consider eDiscovery and litigation response issues when making policy or infrastructure changes to address cybersecurity and data breach risks.
Dan Wenner and Kenton Atta-Krah wrote an article, "A Cautionary Tale About 'Other Acts' And Insider Trading," for Law360. The article analyzes the significance of United States v. DeCinces, in which the Ninth Circuit addressed two interlocutory appeals from DeCinces' securities fraud and insider trading prosecution and reversed the district court's order granting a motion in limine to exclude evidence against DeCinces. The government's application of Rule 404(b) in this case could have serious implications for other defendants in insider trading prosecutions.
Jed Davis was quoted in an article, "5 Ways To Keep Cybersecurity Woes From Derailing A Deal," published in Law360.
Day Pitney Press Release
On January 5, Day Pitney hosted a speech by Robert L. Capers, the U.S. Attorney for the Eastern District of New York, to the White Collar Crime Committee of the American Bar Association's Business Law Section (WCCC) at the firm's New York City office.
Dan Wenner was quoted in an article, "Lack Of Oversight Dogs DOJ Prosecution Deals, Report Says," in Law360. The article is about a new report that says the U.S. Department of Justice's reliance on deferred prosecution agreements (DPAs) and nonprosecution agreements (NPAs) suffers from a harmful lack of judicial oversight. In the article, Wenner discusses the genesis of prosecutors' using DPAs and NPAs as a way to address conduct that they might be afraid to prosecute because of potential collateral consequences, like the failure of a major organization such as Arthur Andersen.
Stamford, Conn., August 24, 2015 - Day Pitney is pleased to announce that 68 attorneys have been selected for inclusion in the 2016 Best Lawyers in America. Best Lawyers ranks lawyers through peer-review surveys, and has been published annually since 1983.