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Unconstitutional Burdense-Commerce Law & StrategyRecord-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Expanded Criminal Enforcement in the Financial-Services IndustryBusiness Crimes BulletinSince the economic meltdown began in 2008, the media have waged a relentless attack on the financial industry as the greedy culprit. "So where are all the prosecutions that we were promised?" the white-collar bar has wondered.
How Technology Can Drive Effective Case CollaborationLJN's Legal Tech NewsletterReviewing depositions and documents faster and more efficiently is critical for law firms in the face of increasingly complex and arduous litigation processes. While many firms are already using collaboration tools to promote and facilitate ongoing interaction across legal teams, it has also introduced new challenges.
Reducing Exposure to Attorneys’ FeesEmployment Law StrategistAlthough a prevailing plaintiff is entitled to his/her costs and attorneys’ fees, a successful defendant is entitled only to its costs (e.g., filing fees, court reporter fees, etc.) and not an award of attorneys’ fees.
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Headlines
Dodd-Frank Ushers in New Requirements for Public Companies and Their BoardsOn July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.
Is What’s Past Prologue?This article considers changes in the regulatory climate prior to the 2010 proxy season and the actual voting results, and looks at some issues that will affect proxy seasons in 2011 and beyond.
Federal Court Authorizes Clawback of Bonuses from CEO Under SOXIn a case of first impression, SEC v. Jenkins, the United States District Court for the District of Arizona refused to dismiss an action brought by the SEC seeking reimbursement of bonuses and securities trading profits from a corporate CEO under Section 304 of SOX.
SLAPPED for Speaking Out?Anti-SLAPP statutes are designed to level the playing field — to discourage the plaintiff from filing suit by adding to the arsenal of tools available to the defendants in a civil lawsuit. Here's a look at recent litigation.
Changing the Rules for Testifying ExpertsA discussion of upcoming changes to Rule 26, which not only simplify the expert’s role, but potentially benefit the litigants as well.
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