Litigation: Publications

Wage and Hour Class and Collective Actions: A Growing Trend April 2011
For the past several years, there has been a general increase in wage and hour disputes. According to Fulbright's 7th Annual Litigation Trends Survey Report, companies...
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Texas Supreme Court Defers to Railroad Commission’s Interpretation of 'Public Interest' in Injection Well Permit Decisions March 28, 2011
The exploration and development of shale formations in the Rocky Mountains, Texas, and Pennsylvania has captured the nation's attention, as citizens and governments...
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University Nano Labs: Assessing And Minimizing Environmental, Health, And Safety Risks 2011
Nanotechnology is the science of the very small. As materials are reduced in size such that they reach nanometer proportions, some begin to act and react in ways very...
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Making Sense of the California Song-Beverly Act: What Retailers Need to Know About Collecting Personal Information in Credit Card Transactions March 2, 2011
Fulbright & Jaworski and California Retailers Association invite you to learn about the California Supreme Court’s recent decision in Pineda v. Williams-Sonoma...
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Fulbright Forum – Where Is My Ripcord? What Counsel and Compliance Officers Need to Do When They Find Out the Company’s Data Has Been Shoved into the Cloud March 1, 2011
Cloud computing appears to be a wave crashing over businesses and a fact of life for counsel and compliance officers attempting to assess the risks of this new...
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Second Circuit Leaves Intact Ruling Limiting Jurisdiction of Alien Tort Statute Over Corporations February 16, 2011
On February 4, 2011, the United States Court of Appeals for the Second Circuit denied en banc reconsideration of a September ruling in Kiobel v. Royal Dutch Petroleum Co...
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Whistleblower Bounty February 16, 2011
If asked to identify the most significant provisions in the Dodd-Frank Wall Street Reform Consumer Protection Act, few executives would identify the Act's...
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Who Knows Best? Employees Should Be Trusted to Manage Their Own Business Data February 2011
Are some courts effecting a quiet, but potentially very costly, change in the way large data-producing entities manage their data? A handful of decisions suggest that some...
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Safely Navigating the Surge of M&A Activity: Pre-Acquisition Corruption Due Diligence January 24, 2011
With renewed confidence in the economy and stock prices on the rise, 2011 is likely to usher in a host of mergers and acquisitions. Forbes.com recently proclaimed 2011 as &qu...
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U.S. Senate Hearing on FCPA Enforcement January 2011
On November 30, 2010, the Senate Committee on the Judiciary, Subcommittee on Crime and Drugs held a hearing entitled "Examining Enforcement of the Foreign Cor-rupt...
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Lost Profits for Breach of Contract: Would the Court of Appeals Apply the Second Circuit’s Analysis? 2010/2011
A party that establishes a breach of contract claim may recover benefit of the bargain damages to put it in the position it would have enjoyed had the contract not been...
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Congress Examines FCPA Enforcement December 3, 2010
On Tuesday, November 30, 2010, the Senate Committee on the Judiciary, Subcommittee on Crime and Drugs held a hearing entitled "Examining Enforcement of the Foreign...
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SEC Proposes New Rules to Incentivize Whistleblower Reports and Prevent “Unintended Consequences” for Corporations December 2, 2010
The SEC whistleblower provisions of the newly enacted Dodd-Frank Wall Street Reform and Consumer Protection Act are already having a significant impact on how public...
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New Federal Rules Change the Landscape of Expert Discovery: Striking a New Balance Between Protection and Discovery December 1, 2010
Effective December 1, 2010, the landscape of federal expert discovery and disclosure will change. Amendments to Rule 26 of the Federal Rules of Civil Procedure (the “Ru...
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Preservation and Energy Development November 22, 2010
Much land in the United States is subject to substantial restraints on development under state and federal law. This paper considers those restraints, from the...
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