Stephen M. Plotnick


  • Motions To Dismiss: Are Twombly And Iqbal Here To Stay?
    Monday, May 3, 2010
    Three years ago, in a shot that reverberated through both the plaintiffs' and defendants' bars (albeit for very different reasons), the United States Supreme Court effectively retired the 50-year old plaintiff-friendly standard that federal district courts previously applied to motions to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(...
  • Tuesday, March 2, 2010
    In a letter to the shareholders of Berkshire Hathaway, Inc., Warren Buffett famously quipped that "you only find out who is swimming naked when the tide goes out." The tide-going-out phenomenon is well illustrated by many of the practices that have come to light in the wake of the current global economic crisis. They have exposed several flaws in our...
  • Executive Compensation Under Fire
    Monday, November 2, 2009
    Fueled by moral outrage and growing anger in the wake of the global economic crisis, executive compensation practices have taken center stage in corporate America. Public corporations are facing unprecedented scrutiny and calls for reform from Washington, their shareholders, and corporate watchdog groups. The fury over bonuses, golden parachute...