While private litigation will have a difficult time making a case based on statements discounting the effect of the trading bet, the S.E.C. may be able to pursue a case based on negligence in making a material misstatement.
No advice can prevent litigation outright, but there are decisions you can make in the ongoing course of business that will make litigation a more remote and less expensive eventuality.
Jonathan Sasser, the lawyer for Conoco, said yesterday that the appeals ruling "will make litigation more cumbersome and expensive".
For example, the introduction of complex new costs procedures, such as qualified one-way costs shifting, will make litigation highly unpredictable and because of this it will be much more difficult for lawyers to advise clients on pursuing a valid claim.
As we head into what may be a close election, with the outcome possibly subject to argument and even litigation, I hope all sides will make a good-faith effort to sort the hot air from the cold facts.
If there are states where the number of provisional ballots cast exceeds the margin of victory, he predicts, "there will probably be horrendous fights, and litigation between the lawyers that will make the fights over hanging chads look minor by comparison".
Harvard constitutional law professor Laurence Tribe, who is not involved in the litigation, said he expects the lawsuit will make history, "much as Brown v Board of Education did".
The litany of litigation between the companies will end, and Apple will make a payment of undisclosed size to Qualcomm.
GSA will make every effort to refer delinquent debts to DOJ for litigation within one year of the date such debts last became delinquent.
Chris Hulls, co-founder of Life360 in San Francisco, says he believes the postgrant review will make it tougher for very broad patents to be issued, and that could mean less frivolous litigation.
