Corporate Defense and Disputes

Important developments in U.S. securities law, white collar criminal defense, regulatory enforcement and other emerging issues impacting financial services institutions, publicly traded companies and private investment funds

James Anderson

James Anderson

Associate

James Anderson is an associate in the Litigation Department and a member of the Patent Law and Intellectual Property groups. He is registered to practice before the United States Patent and Trademark Office.

Jim assists clients with a broad range of intellectual property matters spanning various technologies, including electromechanical devices, communications systems, semiconductor devices, and machining and fabrication equipment. He has experience in many phases of practice before the United States Patent and Trademark Office, from the preparation and prosecution of patent filings to drafting responsive submissions for clients involved in post-grant proceedings before the Patent Trial and Appeal Board. Jim’s litigation experience, touching on patent, antitrust, and other complex commercial litigation matters, spans pre-suit investigation, discovery, motion practice, and trial preparation in state and federal court as well as the International Trade Commission.

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In Conflict With Other Circuits, Seventh Circuit Rules That Certain Transfers Involving Financial Institution Intermediaries Not Immune From Recovery By Bankruptcy Trustee

Section 546(e) of the bankruptcy code prohibits a bankruptcy trustee from avoiding “settlement payment[s]”, or payments “made in connection with a securities contract,” that are “made by or to (or for the benefit of)” qualifying financial entities, including financial institutions, stockbrokers, commodities brokers and others.   In a ruling that conflicts with precedent from the Second, … Continue Reading

N.Y. Court of Appeals Adopts Business Judgment Rule, with Conditions, for Going-Private Mergers

The New York Court of Appeals has followed Delaware in holding that the business-judgment rule applies to going-private mergers as long as certain shareholder-protective measures are met. The court’s May 5, 2016 decision in In the Matter of Kenneth Cole Productions, Inc. Shareholder Litigation, Case No. 54, adopts the standard set forth by the Delaware Supreme … Continue Reading
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