The Second Circuit holds that failure to issue a litigation hold notice is not per se gross negligence *

USA - August 14 2012
Rarely does the Second Circuit feel impelled to delve into the law relating to document preservation, the standards used to quantify discovery abuses, and the appropriate sanctions for document destruction.

Massachusetts ruling highlights new tensions between defaulting borrowers and securities investors *

USA - January 13 2011
The Massachusetts Supreme Court ruling in U.S. Bank National Association et al. v. Ibanez et al., which sent tremors through bank stocks last week, raises new questions about the status of mortgage-backed securities (MBS) for banks and investors, as courts scrutinize the transfers that were part of the securitization process.

Co-authors: Julia L. Davis, Edmund M. O'Toole.

Dodd-Frank Act gives SEC and new consumer agency power to invalidate arbitration agreements *

USA - August 10 2010
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act ("the Dodd-Frank Act").

Co-authors: Edward P. Boyle.

45 congressional sponsors seek to end employment, consumer, and franchise arbitration *

USA - May 12 2010
The proposed Arbitration Fairness Act of 2009, currently pending in Congress, would substantially amend the Federal Arbitration Act ("FAA") to render unenforceable certain types of common arbitration agreements, including agreements to arbitrate employment, consumer, and franchise disputes.

Co-authors: Michael J. Volpe, David N. Cinotti .