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The Internal Audit Function
October 13, 2016
Among the many responsibilities of an audit committee, overseeing the function of internal audit can be among the more challenging and complex. As a result, it is common for an internal audit function to be required and the scope of that function subject to the oversight of the audit committee. From a governance perspective, what is the mission of internal audit?
Clarifying the Meaning of 'Stockholder'
October 13, 2016
In a decision with facts egregious enough to justify two references to the definition of "chutzpah," Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery provided helpful guidance on how to establish and refute "stockholder" status for purposes of bringing an action to inspect corporate books and records under 8 Del. C. Section 220.
Board of Editors
October 06, 2016
Accounting and Financial Planning for Law Firms Lawrence L. Bell Advisors, LLC, Kensington, MD Wayne Berkowitz Berdon LLP, New York James…
May a Judge Render a Scientific Opinion Without Expert Advice?
October 01, 2016
What if a judge decides to render a decision on an issue on which no one has asked the judge to opine, and on which no evidence has been presented? That is what a judge in Pennsylvania did in 2015 when she decided ' despite the fact that the issue had not been raised by either party ' that a litigant mother had a "severe undiagnosed and untreated mental illness."
3D Printing and Product Liability in the U.S. and UK
October 01, 2016
The potential for product liability claims concerning objects created via 3D printing is obvious. Last month, the authors discussed some of these. Now, they look at how the law is developing in two countries ' the United States and Great Britain ' as their legal systems attempt to assign liability to the correct actors.
Selling Products Without Optional Safety Equipment
October 01, 2016
The American consumer is bombarded with advertisements extolling the features of thousands of products ranging from motor vehicles to smartphones. The ads focus on the most distinct features of each product and barely mention that many of these features can only be acquired if the consumer selects the most expensive version of the product.
Do <i>Daubert</i> Motions Really Work?
October 01, 2016
More than 20 years into the <I>Daubert</I> era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions <I>in limine</I> challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702.
The False Claims Act After <b><i>Escobar:</i></b> A Three-Part Test
October 01, 2016
In a unanimous opinion in <I>Universal Health Servs. v. United States ex rel. Escobar</I>, 195 the Supreme Court provided a new framework for assessing false certification liability under the False Claims Act (FCA).
<b><i>Voice of the Client:</i></b> Not If, But When Your Fortune 500 Client Goes Out of Business
October 01, 2016
When lawyers and marketers think about losing clients, they think primarily of being displaced by another law firm or, these days, by technology, in-sourcing, or an alternative service provider ' or even having the relationship partner take the client with her to another firm. But what if that big client was no longer buying from anyone?
Bit Parts
October 01, 2016
Marshall Tucker Band's Counsel Can Stay in Trademark Litigation<br>Ninth Circuit Sees No Access to Plaintiff's Song by Writers of Jessie J's Hit "Domino."<br>Sony Songwriting Contest Dispute Sent to Arbitration.

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