Freeborn attorney David S. Becker, a Partner in the firm's Litigation and IP Practice Groups, co-authored an article that published in the winter 2015 issue of the American Bar Association's Tort Trial & Insurance Practice Law Journal. The article, titled "Recent Developments in Business Litigation," highlights significant business litigation cases decided from October 1, 2013, through September 30, 2014, addressing:
(1) civil RICO, where federal courts attempted to clarify the necessary elements to plead and prove civil RICO claims;
(2) fraud and misrepresentation, in which courts considered a number of cases in the securities fraud context, including a Supreme Court decision on the reliance presumption in such cases;
(3) breach of contract, addressing recent developments relating to preemption by federal law and payments made under protest;
(4) breach of fiduciary duty, where minority rights are implicated and potential development of federal common law where insider information is involved; and
(5) remedies, including a discussion of developments relating to the expansion and contraction of the application of the economic loss rule in several states.
A PDF of the article is attached.