Electronic Privacy in the Workplace
January 28, 2010
Electronic privacy in the workplace is already a tangled subject, with only a few sure footholds for employers. The Supreme Court's upcoming ruling in <i>Ontario v. Quon</i> will hopefully provide some unifying guidance in this developing area of the law.
DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture
January 28, 2010
Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),
The SOX 'Clawback' Provision
January 28, 2010
In the wake of this renewed interest in executive compensation issues, a recent SEC enforcement action involving Section 304 of the Sarbanes Oxley Act ' also known as the compensation "clawback" provision ' has generated a flurry of attention.
Anti-Takeover Measures in Ebay v. Craigslist
January 28, 2010
The courts have sought to create a level playing field for hostile takeover such disputes, emphasizing that "a corporation does not have unbridled discretion to defeat any perceived threat." Where does it stand now?
Law Departments Putting Cost-Cutting into Action
December 18, 2009
Cost-control methods in law departments are more than just talk as cost pressures are creating a fundamental shift in the management and operation of the departments and their interaction with outside counsel, results of a recent Hildebrandt International survey suggest.
Compensation and Risk-Taking
December 18, 2009
Spurred on by an angry public, regulators will be requiring banks to demonstrate that their compensation policies do not result in "excessive risk-taking." Any bankers hoping this issue will fade away are going to be disappointed. Risk-based compensation is on its way and banks should start now to get ready for it.
Companies May Avoid Regulation FD Enforcement Proceedings
December 18, 2009
The SEC indicated in a recent litigation release that a company may avoid an SEC enforcement proceeding for a Regulation FD violation by a key employee, even when the SEC commences a proceeding against the employee responsible for the violation.
The Corporate Takeover: Seizing Control over e-Discovery
December 18, 2009
This article discusses the trend toward increased corporate litigation investment, preparedness and use of internal and external resources to simplify the process of responding to document-intensive requests. It also highlights recent common-law examples of where corporate litigation preparedness and/or response efforts have fallen short, resulting in costly consequences.
Economic Stimulus and False Claims Act Liability
December 18, 2009
Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.
Quarterly State Compliance Review
December 18, 2009
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2010. It also looks at some recent decisions of interest, including two from the Delaware Chancery Court.
