Investigations in Developing Countries
December 31, 2015
Conducting an internal investigation into questionable company conduct is universally a stressful experience. Imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.
The Rise of No-Injury Class Actions
November 30, 2015
We all know that for a product liability plaintiff to have standing to sue, he must demonstrate both that he suffered some form of compensable harm and that the harm was caused by the defendant's product. But what if that plaintiff is an unnamed member of a class action?
<b><i>Practice Tip:</i></b> Insurance Issues in M&A Transactions
November 30, 2015
Product liability insurance is one of the few coverages that is written on either an occurrence or claims-made basis, depending on the extent of the insured's risk and financial ability to pay the premium. This article explores some of the 'insurance issues arising out of M&A transactions.
'Consent to Assignment' Clauses Held 'Unenforceable by CA Court
November 30, 2015
Whether a policy's anti-assignment clause will void a transfer of insurance proceeds or coverage rights, by contract or operation of law, usually requires an analysis of whether the predecessor corporation is an insured under the policy; whether the predecessor corporation still exists; whether the successor corporation succeeded to the predecessor's liabilities; and more.
'Internet of Things' Litigation and Regulatory Risk
November 30, 2015
Most lawyers have heard of the "Internet of Things." Business leaders, after all, are busy making the Internet of Things (IoT) the next great wave of innovation to sweep across the global economy. Apple, AT&T, Cisco, General Electric, Google, Honeywell, Intel, Microsoft, Oracle, Panasonic, Samsung, and scores of others have been investing in the IoT for years. With current predictions of a $15 trillion IoT market in fewer than 10 years, it is easy to understand why so many industry giants have made the IoT a strategic priority.
Technological Advancements and Traces of Infectious Disease
November 30, 2015
A number of recent discoveries are challenging the idea that infectious diseases are sporadic and relatively rare causes of illness and death. These discoveries are revolutionizing our understanding of the microbial world around us ' and presage significant changes in the legal landscape.
Ascertaining Potential Plaintiffs
November 30, 2015
Up until now, before a purported "purchaser" may join a class action targeting a product, the potential class member must make a showing that (s)he actually purchased the product and was potentially damaged by the alleged wrong. A recent Seventh Circuit decision, however, provides a decisive counterpoint to decisions in the Third and Eleventh Circuits.
Working Capital Adjustments
November 30, 2015
Working capital adjustments are often some of the most highly negotiated provisions in a private company mergers and acquisitions (M&A) transaction agreement. The provisions are complex and involve a blend of legal and accounting concepts and standards and can have an immediate impact. It is essential to understand the nuances to avoid traps for the unwary.
Dangers of Relying on a Single-Period Capitalization Mode
November 30, 2015
The biggest danger to matrimonial attorneys is that the valuation professional will only give this single-period model as the sole support for the opinion, seemingly ignoring other market evidence and asset/liability components. If this is the situation, the matrimonial attorney should understand how to attack the opposing expert, or seek support of his/her expert in a hearing to rehabilitate the expert following a cross-examination scrutiny.
