Practice/Industry Group Overview
Greenberg Traurig offers an integrated, multidisciplinary team of litigation, tax, and trusts and estates professionals. This combination of experience enables us to devise creative litigation strategies designed to help our clients achieve their objectives. We have been recognized for our high ethical standards and have wide-ranging experience with issues such as guardianship, the formation of trusts, fiduciary conflict of interests, preserving disputed assets, prudent investor issues, tortious interference with expectancy, will contests, and filing disputed claims against estates in state and federal courts.
Articles Authored by Lawyers at this office:
FINRA's New 'New' Discovery Guide: E-Discovery, Affirmations and Product Cases
Michael E. Pastore,Scott E. Rahn, November 21, 2013
On Sept. 16, 2013, the SEC approved amendments to the Financial Industry Regulatory Authority, Inc. (FINRA) Dispute Resolution Discovery Guide (Discovery Guide), which will become effective on Dec. 2, 2013 for all customer cases filed on or after the effective date. FINRA petitioned the Securities...
CFPB Trial Disclosure Program Now Effective
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 15, 2013
On October 29th, the CFPB’s Notice of Policy regarding its Trial Disclosure Program was published in the Federal Register, thus making the Policy effective. Section 1032(e) of the Dodd-Frank Act permits consumer financial service providers to “conduct a trial program that is limited in...
Does My Email Communication Constitute a Binding Agreement?
Israel Rubin,Rachel Sims, August 27, 2013
In an era where the prevalence of email exchanges in the business arena is almost commonplace, clients and attorneys should be aware that a form of identification which could constitute their signature in an email, attesting to the substance of a negotiated settlement, may be considered a binding...
Discovery Verifications May Lead to Corporate Punitive Damages
Mark D. Kemple,Adrienne J. Lawrence,Adam Siegler, August 24, 2013
Litigators defending corporations against punitive damages claims based on employee misconduct should be cautious when permitting employees to execute discovery verifications as an “officer,” “director” or “managing agent,” because they may be held to have...
Supreme Court Extends PLIVA to Preempt Certain Design Defect Claims Against Generic Manufacturers
Robert P. Charrow, August 13, 2013
In Mutual Pharm. Co., Inc. v. Bartlett, No. 12-142 (U.S. June 24, 2013), the Supreme Court, in a 5-4 decision building on PLIVA, Inc. v. Mensing, 564 U. S. --- (2011), held that the Food, Drug, and Cosmetic Act preempted a state law design defect action against a generic drug manufacturer that...
Making Copies! The Fourth Circuit Defines Taxable Costs Associated With eDiscovery
David Samuel Panzer, May 07, 2013
Can this happen to your client? Your client gets sued, is forced to spend over $100,000 on eDiscovery despite you making all the right objections, you deliver a clean victory on dispositive motions and the District Court awards costs of ... $200. Here is what happened in the Fourth Circuit and what...
Service of Process through Social Media
Philip H. Cohen, March 27, 2013
In the matter of Federal Trade Commission v. PCCare247 Inc., Case No. 12 Civ. 7189 (PAE), 2013 WL 841037 (S.D.N.Y. March 7, 2013) (PCCare247), the United States District Court for the Southern District of New York sanctioned using social media as a means of circumventing the Hague Service...
Market Test Required for Plans Giving Equity to Insiders
Avi Fox,Nancy A. Mitchell, February 26, 2013
In In the Matter of Castleton Plaza, LP, the Court of Appeals for the Seventh Circuit held that a new value plan that leaves creditor claims unpaid must be subjected to a market test if the new value is contributed by an insider. The decision by the Seventh Circuit expanded the competition...
Lock Up Your Creditors - Court Gives Broad Protection to Binding Plan Support Agreements
David D. Cleary,Matthew L. Hinker,Nancy A. Mitchell, February 14, 2013
Rejecting the formalistic approach, the Delaware Bankruptcy Court in Indianapolis Downs, LLC focused on the policies underlying the idea of the disclosure statement to uphold a post-petition lock-up agreement, entered into before approval of a disclosure statement, with sophisticated financial...
Oregon Flocks to Fraud on the Market
Stephen Paffrath,Scott E. Rahn, January 28, 2013
In a recent decision, State v. Marsh & McLennan Companies, Inc., 2012 WL 6212518 (Or. Dec. 13, 2012), the Oregon Supreme Court gave birth to a state law based “fraud-on-the-market” theory of liability previously available only in federal securities claims alleging Rule 10b-5...