Features
Leveraging the Seventh Circuit eDiscovery Principles to Contain Litigation Costs
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Enter the Seventh Circuit Electronic Discovery Pilot Program.
Shareholder Proxy Access
Last month, the authors discussed the fact that proxy access remains a "hot-button" corporate governance issue and the outcome of the debate remains uncertain. This discussion continues herein.
The FCPA Opinion
Surely the most obscure feature of the Federal Corrupt Practices Act (FCPA) is the issuance and use of opinions. Here's how they work.
Features
Project Management As a Tool to Select, Manage, and Evaluate Outside Counsel
The recent recession has exacerbated the fundamental challenge faced by general counsel: the selection and management of outside counsel.
The Enforceability of Automatic Orders
Automatic orders are particularly vexing because the "binding" quality is almost secondary to its service with the summons. What if the plaintiff does not serve them? Is the action a nullity? Would the plaintiff be in contempt?
Features
Courts Must Report Convictions Connected to Domestic Violence
The state legislature has directed the courts to flag misdemeanor convictions involving domestic violence, the latest among several kinds of data legislators demand from the judiciary.
Split and Shared Custody Arrangements
The CSSA) as we know it and as codified in Domestic Relations Law ' 240 and Family Court Act ' 413, recently celebrated its 22nd birthday. While the language of the statute has been modified, amended and polished over the course of the past two decades, it has yet to address specifically circumstances involving split or shared custody.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›