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  • What We're Thinking

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    December 15, 2017 · False Claims Act,First Amendment,Anti-SLAPP,FINRA,Securities
    We have to admit: 2017 was challenging. But by keeping our nose to the grindstone and working - and whistling - our way past all the year's distractions, we pulled off some stunning victories, set new areas of caselaw, and opened new areas for our practice. Despite itself, 2017 was a landmark...
    October 29, 2017 · Defamation,Litigation,Disparagement,Contracts,FINRA
    When broker Jerry L. Springer left his job at UBS Financial, UBS pulled out all the stops to keep him from taking his clients with him, according to published accounts, and encouraged the customers to file FINRA complaints. UBS told Springer's clients he had left after he was discovered...
    A few years, a Vermont resident named Brady Toensing filed a public records request with the state Attorney General's office, trying to figure out who was lobbying the Attorney General. The AG answered that there were no documents. Well, Toensing asked, did you search their private email...
    September 7, 2017 · Defamation,Anti-SLAPP,Libel,CDA,Communications Act
    Yesterday, a federal judge dismissed the defamation case our client, Dr. Shiva Ayyadurai, brought against Techdirt, its editors and writers and a blog commenter, after Techdirt had called Dr. Ayyadurai a fraud for saying he had invented e-mail back in the 1970s. We will not comment here on that...
    June 9, 2017 · Evidence,Employment
    This year, James Comey found himself in the uncomfortable spot many of us have found ourselves. His new boss was asking him to do things that seemed wrong and could lead to trouble down the road. "A combination of things - the circumstances, the subject matter, and the person I was interacting...
    May 24, 2017 · Service of process,Complaint
    Serving defendants in other countries can be an infuriatingly tricky process. The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, commonly known as the Hague Service Convention, left a number of terms undefined, unexplained and, in some...
    March 3, 2017 · Deposition,Litigation tips,testimony
    It was an amazing moment that may end up sinking, or at least discrediting, Jeff Sessions' tenure as Attorney General - and also gives us a great lesson in how to answer questions while under oath. During his confirmation hearing, Sen. Sessions was asked this question from Sen. Al Franken (D...
    February 15, 2017 · First Amendment,Litigation,Electronic records
    Cornell Dolan, P.C., teaming with the ACLU of Vermont, sued the State of Vermont to force the state to cough up key documents relating to the State's administration of an immigrant investor program that resulted in a $500 million fraud scheme at Jay Peak. Today, the key document in the case was...
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