The Federal Arbitration Act
July 31, 2008
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
What the Insurance Industry Doesn't Want You to Know
July 31, 2008
Many companies give away their coverage for IP claims because they accept their insurers' self-serving assessment that coverage does not exist. This article provides an overview of the issues that typically arise when determining the extent of coverage for IP claims under advertising injury coverage.
Employers Must Bolster Their Policies Against Retaliation
July 31, 2008
Even in the absence of discrimination itself, juries often find employers guilty of retaliation with no more evidence than the short time between the employee's complaint and the alleged retaliatory act. Here's what to do.
A Creative Screening of Electronically Stored Information May Determine the Victor
July 31, 2008
Electronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in <i>Victor Stanley, Inc. v. Creative Pipe, Inc., et al.</i>
Quarterly State Compliance Review
June 26, 2008
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect during the last three months. It also looks at some recent decisions of interest, including two decisions from the Delaware Supreme Court involving challenged stock options.
Advance Notice Bylaws: 'If It Ain't Broke, Don't Fix It!'
June 26, 2008
In two recent decisions, the Delaware Court of Chancery found advance notice bylaws to be ineffective in preventing stockholders from nominating alternative director candidates without providing the requisite advance notice, indicating that any ambiguities in these bylaws will be construed against the corporation and in favor of activist stockholders.
Using Your Fee Arrangement to Lower Litigation Costs
June 26, 2008
As discussed in the previous two articles in this series, having the smallest possible litigation team in place and having a person with adequate litigation experience to monitor the team effectively are two important elements for any general counsel intent on keeping litigation costs in check. This is particularly so if you insist upon working under the old paradigm of paying your outside counsel on an hourly basis. But believes in adopting or least considering a different fee arrangement ' contingency. Here's why.
Hotline
June 26, 2008
Recent news and rulings of importance to your practice.
Employers' Right to Limit Employees' E-Mail Upheld
June 26, 2008
In a recent decision, the NLRB, in a 3-2 decision split along Republican/Democrat lines, held that one company's Communications Systems Policy was lawful on its face, and that the employer's discipline based on the two e-mails soliciting support for union positions was lawful, but that the disciplinary action based on the purely informative e-mail was unlawful. What does this portend?
There Ain't No Such Thing As a Free Prospectus
June 26, 2008
The SEC's Securities Offering Reform dramatically changed the landscape of registered public offerings. Issuers and underwriters would do well to take advantage of these changes while staying aware of potential fraud liability. Here's an explanation.
