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First, Cynthia probably wanted to avoid the slow-grinding, ground-based divorce litigation required in New York when the parties have unresolved issues.
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Litigation requires discovery of large amounts of documents that generally are not publicly available.
A broader question is whether the rising cost of merger litigation requires legal reform.
In 1995 Congress, despite Bill Clinton's veto, changed the rules of class-action litigation, requiring the lead plaintiff to have a significant economic interest.
Clapper argues that granting standing to a party that cannot demonstrate the party has been the subject of wiretapping would open the door to litigation requiring the DNI to defend against other hypothetical occurrences.
But we need not resolve whether objectively baseless litigation requires any breathing room protection, for what is at issue here are suits that are not baseless in the first place.
Anti-SLAPP statutes established a new procedural tool in the form of a "special" motion to strike, effectively reversing the standard burdens of proof at a very early stage of the litigation, requiring the plaintiff to all but prove their case at the outset.
Obviously, this litigation requires an emergency fast track.
The litigation "requires the expenditure of thousands of hours of work and hundreds of thousands of dollars in out-of-pocket costs," Shenkman said.
Litigation is required to promote this discussion because political accountability has not been forthcoming.
And it launched and won litigation that required AT&T to grant other carriers access to its circuits, thereby enabling MCI to pick off the incumbent's customers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com