Strategic Considerations When Conducting an Internal Investigation
When it comes to workplace fraud, large or small, a well-planned and carefully executed investigation can help the company defend itself from potential civil and sometimes criminal liability.
D&O Liability
Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
Revlon Duties Do Not Prohibit Acceptance of a Compelling, Pre-Emptive Bid
In a much-anticipated decision, the Delaware Supreme Court recently overturned the controversial ruling of the Delaware Court of Chancery in <i>Lyondell Chemical Company v. Ryan, C.A.</i> Here is an analysis of the decision and its aftermath.
The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases
Part One of this article discussed the need for audio recording interviews in child custody cases to provide objective evidence. The conclusion herein discusses the ways to address the interviewer's objections to audio-taping.
Features
Gay Marriage: A Changing Legal Landscape
The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.
Perplexing Problems Under the Uniform Transfers to Minors Act
The Uniform Transfers to Minors Act, like its predecessor, The Uniform Gifts to Minors Act, is a comprehensive statutory scheme designed to allow money and property to be transferred to children easily. However, disputes have crept into family law and related proceedings. Becoming familiar with the UTMA will help you avoid problems in settling or trying cases that involve custodial assets.
Twombly's Plausibility Standard in Product Liability Cases
The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Defending Automobile Manufacturers in Design Defect Cases
Counsel defending manufacturers who are alleged to have designed defective vehicles that have caused serious traffic accidents often have an uphill battle in convincing jurors that the design of their client's vehicle was not wholly responsible. But it's not all bad news.
Features
Polio Victim's 30-Year Crusade Garners $22.5 Million Award
Filed in 1981, <i>Tenuto v. Lederle Laboratories</i> is the oldest ongoing non-guardianship case in New York City, according to the Office of Court Administration. Now there's an award. But will it stand?
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- 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 ›
- 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 ›
- 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 ›
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