All GLG News Analyses Filed Under: Legal Issues

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

US Litigation on the Rise!

July 19, 2009

Analysis of:Huddled Masses Yearning to Strike It Rich: Foreign Plaintiffs Shopping for Gold in American Courts | www.law.com

 Should the US Court system have more restraints to Foreign litigation?

Duncan MacDonaldConsultantDuncan McDonald

Is interchange protection a Custer's last stand for the bankcard industry?

July 16, 2009

Analysis of:JPMorgan's Profit Soars Despite Downturn - NYTimes.com | www.nytimes.com

The article reveals the growing, almost populist attack against bankcard interchange pricing.  Heretofore, merchants have challenged the fee via lawyers, lobbyists and trade associations.  Now it is trying to enlist cardholders, as if taking advantage of the enormous public distrust of banks and card issuers.   The industry appears to be digging it its heels, perhpas reflecting a fear that issuers cannot absord any additional revenue losses without signifigantly and permanently damaging the product, not to mention the bankcard systems.  The new CARD Act forces the industy to absorb tens of billions in new costs and restricted revenue streams.  Doing the same on interchange could be more than banks can handle.

Investors Financing Lawsuits Presents Ethical Quagmire for Lawyers

June 17, 2009

Analysis by: GLG Expert Contributor

Analysis of:investors finance lawsuits and reap any benefits - nytimes.com | www.nytimes.com

Under ethics rules governing lawyer conduct, a lawyer must exercise loyalty and independent judgment as essential elements in the lawyer-client relationship. In most jurisdictions, the legal ethics rules generally require a lawyer may not proceed if there are significant risks that the representation will be materially limited by the lawyer's personal interest(s). Also, such interest conflicts usually cannot be waived by a client's knowing consent unless, despite such conflict, the lawyer reasonably believes the lawyer will be able to provide competent and diligent representation and other of the ethics rules are followed. Because lawyers already have a financial interest in the outcome of litigation, piling on more financial interests could terminally affect a lawyer's ability to represent a client.

Don't Spend the Milk Money Bankrolling Lawsuits

June 4, 2009

Analysis by: GLG Expert Contributor

Analysis of:investors finance lawsuits and reap any benefits - nytimes.com | www.nytimes.com

1. Lawsuit results are unpredictable. New information comes out, a myriad of laws limit recovery, and parties often drop out. No one can be sure what will happen. 2. Costs of lawsuits are unpredictable. The new electronic discovery rules combined with the need to respond to whatever the other side can file makes the costs and course of the suit unpredictable. 3. Most suits are settled. Most defendants have insurance, and insurers like to settle. Counsel that can "soften" the other side and is persistent can often convince even the most reluctant of defendants to settle thus yielding a good return on an investment in a case.

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Lawsuits:Can it be the Best Investment?

June 4, 2009

Analysis of:investors finance lawsuits and reap any benefits - nytimes.com | www.nytimes.com

Is it really legal to invest in a lawsuit?

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Chrysler & GM: Will there be any Accountability?

June 4, 2009

Analysis of:Consumers Seek Relief as Chrysler Bankruptcy Derails Lawsuits - Bloomberg.com | www.bloomberg.com

Reorganization under Chapter 11 for Chrysler & GM may be an attempt to escape much greater exposure!

Rachel LaundersPartnerGilbert & Tobin Lawyers

ASIC v. James Hardie - the spotlight on company directors and senior management

June 2, 2009

Analysis of:James Hardie proceedings | www.asic.gov.au

Directors in Australian listed companies may be nervous about the duty of care which they owe to the company, following the decision in ASIC v. James Hardie (April 2009). The Court found that they have a duty to avoid exposing the company to risk of harm to reputation or legal claims. Senior executives, including the General Counsel, also came under the spotlight, being found in breach of their duties for failing to warn the board of the risks which the company was being exposed to. The case is also a reminder that companies need to take particular care with public announcements - the desire to promote the good news cannot overtake the need for an announcement which is balanced, objective, complete and accurate.

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

Bauch & Lomb Settles Major Lawsuits

June 1, 2009

Analysis of:Bausch & Lomb settles 600 eye fungus lawsuits | www.forbes.com

What is up with the tough no liability stance to quick settlement philosophy!

Duncan MacDonaldConsultantDuncan McDonald

SEC decision could reduce bankcard exposure in interchange class action

May 28, 2009

Analysis of:Citi, SEC Are in Talks to Settle Asset Probe | online.wsj.com

If as suggested in the article the SEC decides to reduce Citi's exposure to damages for securities violations because it is now co-owned by the government and receiving TARP money, why shouldn't the same logic apply to the banking industry's potential exposure in the NY interchange lawsuit?  In that case, merchants are seeking tens of billions in damages and equal amounts in interchange concessions going forward.  Presumably, such exposure would worsen the banking crisis and the goals of the Obama administration to resurrect banks financially.  Unquestionably, the government has a considerable stake in the outcome of the case.  How much will it be worth to each side?

Martin AlpertVice President, Environmental ClaimsHINZ CLAIM MANAGEMENT INC

WR Grace: Is it really over?

May 12, 2009

Analysis of:W.R. Grace acquitted in Montana asbestos case | www.latimes.com

Is this the death knell for Criminal suits from Civil suits? Was this case the right circumstances just the wrong set of facts?

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