Supreme Court Addresses Inhumane Conditions in California Prisons, Orders Release of 46,000 Inmates

As originally published in Forbes (May 23, 2011). In a highly controversial 5-4 decision today, the Supreme Court upheld with “undoubted, grave concern” a lower court opinion that held that no remedy for the systemic violation of constitutional rights in California prisons would be effective without reducing the State’s prison system population. Brown v. Plata…

E-Discovery, Special Masters, and Soaring Costs

As originally published in Forbes (May 23, 2011). Expensive third-party vendor e-Discovery costs cannot necessarily be recovered by the prevailing party. And assessing complex e-Discovery won’t necessarily justify a Special Master to review it. In Race Tires America, Inc. v. Hoosier Racing Tire Corp. (W.D. Pa. 2011), the plaintiff, a division of Specialty Tires of…

FCPA-Inspired UK Bribery Act Projected to Hit the Oil and Gas Industry Hardest

The UK Bribery Act, anticipated to be the new international gold standard in anti-corruption, is scheduled to take effect on July 1, 2011, and, according to a recent study by Ernst & Young, it will hit the oil and gas industry the hardest. Ernst & Young’s news release revealed some troubling statistics regarding bribery prosecutions under…