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  • An end-of-year (Nov. 29) Delaware Chancery Court decision, Esopus Creek Value LP v. Hauf, No. 2487-N (Del. Ch. Nov. 29, 2006), is receiving a great deal of attention from corporate transactional and corporate restructuring attorneys alike. In Esopus, the Delaware Chancery Court prevented a financially sound company that was prohibited by federal securities law from holding a shareholder vote, because it failed to meet its reporting requirements, from executing an agreement outside of bankruptcy to sell substantially all of its assets under Section 363 of the Bankruptcy Code without first obtaining common stockholder approval as required under Section 271(a) of the Delaware General Company Law ('DGCL').

    March 26, 2007Jonathan Friedland and Mazen Asbahi
  • Thirty-four states have enacted security breach notification laws. And Michigan passed such a law with an effective date of July 2, 2007. These laws cover the notification that a company must make in the event of a breach of security of its system with respect to computerized personal information. How are these laws enforced in the event of a violation? These laws vary in terms of enforcement and penalties, as more particularly described below. This article provides an overview of the enforcement of these laws and describes examples of penalties.

    March 26, 2007Melissa J. Krasnow
  • In today's litigation world, corporate counsel struggle to contain the ever-increasing costs of document discovery. The explosion of electronically stored information ('ESI') is often a huge contributor to the expense of discovery. Consultants, vendors, and e-discovery software can help bring greater efficiencies and cost-savings to the process. But while there is a dizzying array of options available, they are not all created equal. Finding the right solution requires that you do your homework.

    March 26, 2007James D. Sherman and Lori E. Steidl
  • On Feb. 20, 2007, the U.S. Supreme Court issued a landmark decision on punitive damages in Philip Morris USA v. Williams, when it found a jury's $79.5 million punitive damage award, assessed in conjunction with $821,000 in compensatory damages for negligence and deceit in misleading a smoker to believe that smoking was safe, was unconstitutional. Instead of reducing yet another runaway punitive damage award, the 5 to 4 majority of the Court attacked the root of the problem: unfair punitive damages trial procedures. This decision may indicate that the Court, operating under Chief Justice Roberts, is considerably more aggressive in protecting the constitutional rights of punitive damage defendants than was the Rehnquist Court.

    March 26, 2007Lori S. Nugent
  • Congress suffered yet another setback on March 22 in its ongoing efforts to shield children from sexually explicit content on the Internet when a federal judge struck down the Child Online Protection Act, a 1998 federal law that makes it a crime for commercial Web site operators to allow children access to "harmful" material.

    March 23, 2007Shannon P. Duffy
  • Cases and analysis.

    March 06, 2007ALM Staff | Law Journal Newsletters |
  • In-depth analysis of the latest verdicts.

    March 06, 2007ALM Staff | Law Journal Newsletters |
  • The Zoning Resolution of the City of New York provides a mechanism for the transfer of unused development rights from one owner's property to another adjacent owner's property. That mechanism is a zoning lot merger. The Zoning Resolution uses 'zoning lot,' not tax lot, as the basis for all zoning calculations. A zoning lot is a tract of land comprised of one or more tax lots within a single block.

    March 06, 2007Caroline G. Harris and Marc Israel
  • A complete listing of the cases in this issue.

    March 06, 2007ALM Staff | Law Journal Newsletters |