Protecting Your Clients from Their Own Social Media
April 02, 2017
Postings of comments or photographs become part of the permanent record on the Internet. There is no such thing as deleting a post or erasing the past. Because of the potentially adverse consequences, trial lawyers are now duty bound to run a thorough social media search of their clients, adversaries, and witnesses in every case. To the extent an attorney fails to conduct such a search, not only will she be at a severe disadvantage in the case but her competence as a trial lawyer can be called into question.
Director Independence to Consider Pre-Suit Demand
April 02, 2017
In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.
Class Certification
April 02, 2017
<b><I>Will Gorsuch Pick Up Where Scalia Left Off?</I></b><p>For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. Will this continue if Gorsuch is confirmed to the Court?
The Clock Is Ticking
April 02, 2017
<b><I>Courts Check Government Attempts to Extend the Statute of Limitations</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>When the SEC and other government regulatory agencies pursue civil enforcement actions against those accused of financial fraud, they often attempt to recover monetary penalties and fines for periods of time even outside the limitations period. This effort is being met with resistance by the courts. The authors conclude their discussion herein.
Back in the GDPR
April 02, 2017
Any company operating globally should protect its value through exposure containment under both privacy shield and the forthcoming GDPR.
Five Easy Ways To Elevate Your Executive Presence
April 02, 2017
What do you think is the secret sauce that accounts for 26% of what it takes to get promoted, according to 4,000 leaders surveyed by The Center for Talent Innovation? Whether you work in a law firm, for the government or with a corporate legal office, to get promoted, win cases, make more money, or just be more successful, your Executive Presence matters.
Class Certification
April 02, 2017
<b><i>Will Gorsuch Pick Up Where Scalia Left Off?</b></i><p>"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?
Current Trends in Alimony Laws
April 02, 2017
<b><I>The Swinging Pendulum</I></b><p>Since the time that fault-based divorce fell into disfavor, and no-fault divorce became commonplace, there have been significant ebbs and flows in the nationwide trends of alimony. Now there has been yet another trend in alimony nationwide, commonly referred to as "alimony reform."
Development
April 02, 2017
Discussion of two rulings of interest to you and your practice.
