Federal prosecutors and defense attorneys shipped 173 pages of jury-instruction proposals Friday to a federal judge hearing a criminal case in Delaware against four Wilmington Trust executives accused of hiding hundreds of millions of dollars in bad loans, with the words "past due" appearing 159 Continue Reading
Court: Consumer Must Suffer Harm in TCCWNA Cases
A NJBiz.com report discusses the New Jersey Supreme Court’s Spade/Wegner ruling which held that consumers filing suit under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) must suffer some adverse consequence in order to recover the statutorily prescribed $100 penalty. Continue Reading
Defense Wraps Wilmington Trust Exec Fraud Case in a Day
A “massively complex” federal trial of four Wilmington Trust executives on fraud and conspiracy charges raced into the home stretch Tuesday, after defense attorneys opened and closed their side of the Delaware case in a matter of hours. U.S. District Court Judge Richard G. Andrews said jury Continue Reading
NJ Supreme Court Rules Consumer Contract Lawsuits Must Show Actual Harm Done to Be Valid
A New Jersey Business Today report on the Supreme Court’s decision in Spade v. Select Comfort Corp discusses the role McCarter attorneys David Kott and Ed Fanning, Jr. played in the much anticipated ruling which protects New Jersey businesses from the frequent abuse of the Continue Reading
Robert Mintz interviewed in “Bloomberg Law: Michael Cohen Becomes a Major Distraction for Trump,” which appeared on Bloomberg Radio
NJ Supreme Court adopts McCarter’s position in NJ TCCWNA Spade/Wegner Class Actions
The New Jersey Supreme Court, in a 7-0 opinion, adopted the argument set forth by McCarter that TCCWNA requires that a Plaintiff suffer some adverse consequences to recover the $100 statutory TCCWNA penalty. McCarter represented amicus curiae the New Jersey Business and Industry Association. Continue Reading
Defense Pushes KPMG Auditor on Wilmington Trust Waivers
Counsel for Wilmington Trust Corp. executives on trial in Delaware federal court for conspiring to grant improper waivers for past-due commercial loans in 2009 and 2010 pressed a manager for the bank’s KPMG LLP outside audit section Monday on multiple disclosures about the practice in shared Continue Reading
Why PE Isn’t the Real Reason Retailers Are Going Bankrupt
The idea that private equity backers are to blame for the demise of well-known retailers like Toys R Us, Payless and Claire's is overblown, experts say, and the reality is that the companies fell into bankruptcy because they failed to adapt their business models to combat disruptive and Continue Reading
Robert Mintz quoted in “NJ Wiretap Ruling Opens Discovery Door, But Cautiously,” which appeared in Law360
Without a Cat, Mice Feel Free: The ‘Death’ of Kaspersky Lab
Alex Major is extensively quoted in an article that discusses Kaspersky Lab Inc.’s lawsuit to fight its disbarment as a U.S. government contractor.The government’s move against Kaspersky reflects the embracing of isolationism and ‘‘lazy legislating,’’ Major said.‘‘There could have been a way to Continue Reading