Todays Date:  

The federal government has opposed business interests in two closely watched securities cases during Elena Kagan's time as solicitor general, although her brief tenure has overlapped with just a handful of notable business cases.

Ms. Kagan has a light record on business issues outside of her 14 months of service as solicitor general, a role in which she represented the government at the high court. She hasn't served as a judge and her professional career has largely been devoted to government service and academia.

With Ms. Kagan as solicitor general, the Obama administration has taken a friendlier approach to investor lawsuits. Ms. Kagan's office filed a legal brief supporting investors in a case that examined when shareholders could sue mutual-fund managers for allegedly charging excessive fees. Ms. Kagan argued that a lower-court ruling in the case did not provide enough of a check on potentially excessive fees.

In another case, Ms. Kagan's office argued that shareholders of Merck & Co. Inc. didn't wait too long to file lawsuits alleging the drug maker misrepresented the safety of painkiller drug Vioxx.

The Supreme Court, which decided both cases this spring, unanimously agreed with Ms. Kagan's position each time.

Top Tier Legal Web Redesign by Law Promo

© LLP News. All Rights Reserved.

The content contained on the web site has been prepared by Breaking Legal News.
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.