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Lessons from the $148M Fraud by Dole's GC and CEO
November 30, 2015
Last month, we discussed the fact that the Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit. We conclude this discussion herein.
'Ambiguous' Franchise Agreement Sinks Franchisor
November 30, 2015
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.
Five Critical Questions Every Client Should Ask Law Firms About Budgets
November 30, 2015
Although dramatic changes in law's economic landscape have conferred far greater bargaining leverage and purchasing power on clients, in budget discussions with outside law firms, many in-house counsel just aren't asking the right questions.
To Compress or Not to Compress
November 30, 2015
Prolific document generation is often the mark of a successful law firm. However, as a result, the volume of the firm's electronic storage dramatically increases every year. Proper recordkeeping is critical to support clients and compliance regulations, but the document store can become unwieldy and very expensive for a firm to maintain.
Verdicts
November 30, 2015
A appeals court permits a med-mal suit based on failure to follow the law.
Second Circuit Rules That Lien Is Extinguished Under Chapter 11 Only if Secured Creditor Participates in Case
November 30, 2015
The question of whether the terms of a Chapter 11 plan providing for the treatment of secured creditor claims are binding on non-participating secured creditors has been ongoing. The U.S. Second Circuit recently weighed in on this issue as a matter of first impression.
<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&amp;A transactions.
Med Mal News
November 30, 2015
Does a home birth disqualify a child from receiving state funds? Analysis of a case from New York.
Yates Memo Could Bring Balance to Prosecutions
November 30, 2015
On Sept. 9, the DOJ issued "the Yates Memorandum," detailing how officials expect prosecutors to hold individuals accountable for criminal wrongdoing. The memo may have result in a potential reduction in the number of corporate settlements when there is no clear evidence of criminal conduct.
Assessing Director Independence
November 30, 2015
A recent opinion by the Delaware Supreme Court emphasizes the need for boards of directors to be aware of close interpersonal relationships between their directors and any party with a financial stake in a contemplated transaction.

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