The Litigation Part includes those that have a considerable portion of their observe in civil litigation. It’s the first case under New York law to apply the business judgment rule to a going-non-public transaction where the transaction was conditioned on the twin protections of a majority of the minority” voting provision, and the transaction is authorised by a committee of independent directors.
Litigation partners Martin Flumenbaum and Brad Karp’s latest Second Circuit Review column, Enforcing International Arbitral Awards Towards Alleged Alter-Egos,” was printed March 29 in the New York Law Journal. Willkie is also dealing with by-product litigation in the Delaware Chancery Court docket arising out of the same FDA developments.
Our litigation attorneys are fully prepared to defend our shoppers’ pursuits in court, each in the United States and around the globe. In a jury trial, the judge’s job is to rule on issues of regulation, while the jury decides the fact issues in the case.
Generally speaking, the plaintiff has the burden of proof in making his claims, nonetheless, the defendant might have the burden of proof on other issues, akin to affirmative defenses The attorneys are held accountable in devising a trial strategy that ensures they meet the required parts of their case or (when the opposing celebration has the burden of proof) to make sure the opponent will be unable to meet his or her burden.
At the same time as we deal with the lawsuit at hand, we are continuously enthusiastic about strategic remedial measures our shoppers can implement to improve their compliance and cut back future risk. We work with clients, employing the sources of a prime-ranked team, to manage litigation and cut back danger wherever potential exterior the courtroom.