U.S. Supreme Court Speaks on Discovery Sanctions
July 02, 2017
It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in<I> Goodyear Tire & Rubber Co. v. Haeger</I>, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
Compensation Plans: Director-Specific Limits
July 02, 2017
A recent decision by the Delaware Court of Chancery serves as a reminder that boards of directors of Delaware corporations should consider amending their companies' director compensation plans to include specific limits on the amount of compensation that a director may be awarded in a given year, and obtaining stockholder approval of such compensation plans.
Forensic Accounting: When Do You Need It?
July 02, 2017
Most matrimonial attorneys have heard a client, typically the "out-spouse" in a marriage with a business interest, say, "The books are cooked," or "Personal expenses are being paid by the business," or "The accounting records are fiction." Failing to probe these issues may cost your client a lot of money when the asset division takes place, and may leave him or her dissatisfied with your representation.
Do <b><I>Daubert</I></b> Motions Really Work?
July 02, 2017
<b><I>Part Two of a Three-Part Article</I></b><p>Like baseball batters in a lineup, the home run potential of any given <I>Daubert</I> motion varies greatly. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages.
The Am Law 100: Dark Clouds on the Horizon
July 02, 2017
While the year-on-year trends look appealing, a longer-term analysis reveals that many key metrics are showing signs of pressure, and firm performance is growing increasingly erratic. The Am Law data reveals that the past year has been good to Big Law but it also shows growing signs of problems on the horizon.
Verdicts
July 02, 2017
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
