Litigation

Bankruptcy “does not constitute a per se breach of contract and does not excuse performance by the other party in the absence of some further indication that the [debtor] either cannot, or does not, intend to perform,” held the Supreme Court of Connecticut in a lengthy opinion on Nov. 21, 2017. This article presents an analysis of the ruling.

Analysis of a case in which a moratorium was invalidated.

In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on Caremark claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.

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.

Analysis of a case involving an embezzling attorney.

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.

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.

The Basics, the Skeletons In Your Closet, and How to Be Prepared

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.