Features
DE Courts Uphold Strict Limitations on Liability for Oversight Claims
In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on <i>Caremark</i> claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.
Features
<i>Online Extra:</i><br>Social Media: Questions of Admissibility And Ethics
Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.
Features
Supreme Court Considers Sports Betting Law
The U.S. Supreme Court seemed ready to strike down — though not by a unanimous vote — the federal law that bans most states from licensing sports betting.
Features
In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor
With an effective rent-acceleration clause and good-guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint.
Features
Sexual Harassment
<b><i>The Basics, the Skeletons In Your Closet, and How to Be Prepared</b></i><p>Harvey Weinstein has put the spotlight on sexual harassment in the workplace. Under this light we see multiple industries struggling with their own sexual harassment allegations and revelations.
Features
Litigation Funding Changes Legal Landscape for Boutique and Small Firms
<b><i>The Growth of Third-Party Litigation Funding Has Been a Boon to Small Firms, But Boutique Firms Are Taking a Hit</b></i><p>The growth of litigation funding has widened the pool of law firms that can take on big cases, but their increasing popularity means boutique firms that have traditionally landed multimillion-dollar lawsuits by taking them on contingency or offering alternative fee arrangements are now taking a hit.
Columns & Departments
Case Notes
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.
Columns & Departments
Real Property Law
Analysis of key rulings involving adverse possession, "stranger to the deed," and a claim against a homeowners association.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Supreme Court Asked to Assess Per Se Rule Tension in Criminal AntitrustIn recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
