Director Compensation Subject to Entire Fairness Standard
September 02, 2015
The Delaware Court of Chancery recently denied the motion to dismiss filed by Citrix Systems, Inc. and its directors in a derivative suit brought by shareholders. In a challenge to the business judgment rule, the plaintiffs were allowed to proceed with their breach of fiduciary duty claim, and the court noted that the awards were subject to review under the "entire fairness" standard.
<b<<i>In the Spotlight:</i></b> Cumulative CAM Caps
September 02, 2015
There is a knee-jerk reaction from many tenants to avoid cumulative CAM caps, but the rationale and policies behind them are reasonable, and both the parties should be able to satisfy their concerns with some variation of a cumulative CAM cap.
Navigating Insurance Coverage Issues in Med Mal Litigation
September 02, 2015
In last month's newsletter, we saw that insurance problems may lurk in the shadows, even for those medical professionals and entities that think they are fully covered. We continue the discussion of "insurance traps" here.
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
New Report Offers Statistics On Copyright Cases
September 02, 2015
Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
The Impact of Business Intelligence
September 02, 2015
Businesses across a range of industries see the value in optimizing their processes, as doing so can have a significant impact on both their top and bottom lines. The challenge has always been how to gain insight into the areas of inefficiency and execute a plan to optimize.
Med Mal News
September 02, 2015
Analysis of two recent cases.
NLRB General Counsel Shines Guideline Light On Employer Work Rules
September 02, 2015
In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the NLRA. The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
