Features
Employer's Review of Text Messages on Company Pager Reasonable
In a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.
Features
F-Cubed=0
Recently, the U.S. Supreme Court decided that ' 10(b) of the Securities Exchange Act of 1934 does not provide a cause of action to foreign plaintiffs to recover investment losses relating to foreign-issued securities traded on foreign exchanges (colloquially known as "F-cubed" claims).
Features
DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable
The Delaware Court of Chancery recently rejected a public policy argument that parties to a stockholders agreement may not contract away the right of Delaware courts to oversee disputes between stockholders of a Delaware corporation.
Features
Interim 'So-Ordered' Stipulations
What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.
Features
The Future of Honest Services Fraud
On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?
Features
Pre-Plea Estimates of Jail Time
While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
Features
Issues Regarding the Reasonableness of Settlement in London Coverage Arbitration
It is important to recognize early on if an insurance policy with a London arbitration provision, or any international arbitration provision, may be called on to contribute to the settlement of a lawsuit. By creating that awareness early on, there is an opportunity to build a stronger record to support the reasonableness of any settlement and to maximize the insured's ability to obtain coverage.
Features
Obtaining Assent in Today's e-Conomy
A growing number of courts have addressed the validity of contracts purportedly created through Web-based transactions. While the judiciary has produced mixed results in this area, a few trends have emerged ' notwithstanding the nuances presented by online transactions.
Features
The Role of Causation Analysis in the Insurance Appraisal Process
While insurance appraisal clauses are standard in many homeowners' policies, the manner in which they are utilized by insurers and policyholders — and the way in which they are interpreted by the courts — differs based upon the role an appraiser plays in interpreting causation.
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