When May a Director Inspect the Company's Books and Records?
April 01, 2016
It is well settled under Section 220(d) of the Delaware General Corporation Law (DGCL), a director's access to corporate books and records is broader than that of stockholders. However, in contrast to the broad scope of discovery permitted in a plenary action under the Delaware Court of Chancery Rule 26, Section 220 limits inspection (even by directors) to documents and communications that fall within its more limited "contemplation of 'books and records,'" which correlates with the "summary nature of a Section 220 proceeding."
CT Bankruptcy Court Invalidates Lawsuit Funding Agreement
April 01, 2016
Lawsuit funding companies have routinely filed claims as creditors in tort plaintiffs' bankruptcy actions when the debtor has failed to repay litigation funding advances. Whether bankruptcy courts will enforce lawsuit funding agreements depends on the applicable state law.
Binding Arbitration in Divorce Cases
April 01, 2016
More often than not, litigating divorce and post-divorce issues in the New Jersey Superior Court is not practical. It is unquestionable that alternative dispute resolution (ADR) venues are becoming popular and commonly used methods to resolve divorce and post-divorce issues.
The Supreme Court May Limit the False Claim Act's Scope
April 01, 2016
The DOJ and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA). In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments.
Court Watch
April 01, 2016
Court Declines to Issue Preliminary Injunction Notwithstanding Franchise Agreement Properly Terminated <br>Noncompetition Covenant Not Enforced Where Franchisor Will Not Open Again in Area
Landlord & Tenant
April 01, 2016
Discussion of a case in which a civil court abused its discretion by staying execution of a warrant of eviction.
Cybersecurity Meets EDRM with the Cybersecurity Reference Model
April 01, 2016
Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.
Immediate Impact of the Repeal of Form 18 On Patent Litigation
April 01, 2016
On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.
10th Circuit Upholds Tax Reporting Law
April 01, 2016
Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.
Quarterly State Compliance Review
April 01, 2016
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that was recently passed or went into effect and looks at some recent decisions of interest from the courts of Delaware and New York.
