Johnson Fistel Blog


  • AT&T – Time Warner: Will This Open the Merger Floodgates?

    When AT&T bid on Time Warner for $85 billion in October 2016, the putative acquisition would have combined the juggernaut forces of two media heavyweights in an industry being rapidly transformed by new content and distribution drivers. AT&T touted the merger as one that would create efficiencies and allow the company to reduce consumer prices.…

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  • Whistleblowers – Keeping Corporate America Accountable While Being Awarded Millions of Dollars in the Process

    Last week, on September 14, 2018, the Securities and Exchange Commission (the “SEC”) announced that a whistleblower has earned an award of more than $1.5 million bringing the total awarded to approximately $322 million to 58 individuals since issuing its first award in 2012. According to the SEC, the whistleblower provided the SEC with vital…

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  • China Agritech: Bring Claims Before the Clock Runs Out

    A recent decision by the U.S. Supreme Court has created new urgency for those considering when and whether to bring claims for relief on behalf of themselves or others similarly situated. Over forty years ago, in the landmark American Pipe case, the Supreme Court held that the “commencement of a class action suspends the applicable…

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  • Johnson Fistel Welcomes New Associate Mary Ellen Conner

    “We are excited to add Mary Ellen to our already talented and diverse team here in Georgia,” said Michael I. Fistel, Jr., a partner in Johnson Fistel’s Georgia office. “Mary Ellen’s past experience representing Fortune 500 companies in complex commercial and securities litigation, as well as her time spent in academia will serve the firm…

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  • Johnson Fistel Welcomes New Attorney Tiffany Johnson

    “Tiffany is a terrific addition to our team. She brings nearly two decades of government trial experience to help our firm meet the needs of our clients,” said Frank J. Johnson, Johnson Fistel’s managing partner. Mrs. Johnson focuses her practice on complex business litigation and civil rights matters. She also has experience representing clients in…

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  • Johnson Fistel – Top Fundraising Team

    We are proud to announce that Feeding San Diego awarded Johnson Fistel recognition as the Top Fundraising Team among all participating law firms in San Diego with 30 or less employees for raising money to help combat hunger in San Diego. “I’m pleased to be part of an important and meaningful effort to help others.…

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  • Ninth Circuit Court of Appeals Holds That Negligence Applies in Section 14(e) Cases

    On April 20, 2018, the Court of Appeals for the Ninth Circuit held in Varjabedian v. Emulex Corp. that a violation of Section 14(e) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(e) (the “Exchange Act”), which governs tender offers, requires a showing of negligence, not scienter. The Ninth Circuit’s decision brings the…

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  • Independent Contractors or Employees: Is the “Gig” Up in California?

    In what many are calling a landmark decision last week, the California Supreme Court adopted a new legal standard that will make it much more difficult for businesses to classify workers as independent contractors in California. The decision will likely have wide-ranging ramifications for all businesses that use independent contractors, especially those like Uber, Lyft,…

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