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Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Is It Just the Money? Image

Is It Just the Money?

Susan L. Pollet

We read about 'deadbeat dads' who fail to pay their child support and about the children who suffer the financial repercussions in those situations. Clearly, we can all agree that child support is beneficial to children and that educating parents about this responsibility is important. There is, however, continued debate about the policy behind child support enforcement.

Mother's Efforts to Undermine Dad Cost Her Custody Image

Mother's Efforts to Undermine Dad Cost Her Custody

John Caher

A woman who has persistently made unsubstantiated allegations that her former husband is a child molester was stripped of custody rights by a New York appellate court. The Appellate Division, Third Department, said Kristin F. Chase's relentless efforts to undermine her son's relationship with his father and 'her ongoing quest to brand [the father, John T. Chase] a pedophile' warrant an order granting the father sole legal and physical custody of the now 6-year-old boy. The decision in <i>Chase v. Chase</i>, 500656, is the latest development in a long-standing and especially bitter custody fight that has played out in both the courts and the media (NYLJ, Nov. 2, 2005).

Features

SCRA in Child Custody Cases Image

SCRA in Child Custody Cases

Natasha Gonzalez

Ongoing United States military involvement in Iraq, Afghanistan and across the globe forces military parents to make important and sometimes difficult decisions with regard to their children. The current state of world affairs has resulted in increased deployment of active duty military members and increased activation and deployment of military reservists and National Guard members. Among other things, the mobilization of a military parent may result in the need for legal counsel to deal with complicated child custody issues. As a result, family lawyers dealing with military families must familiarize themselves with the Servicemembers Civil Relief Act (SCRA).

Is 'Culture' Part of Counsel's Job? Image

Is 'Culture' Part of Counsel's Job?

Lynn D. Lieber

Corporate counsels' ethical obligations are primarily seen as directing the corporation to comply with the Sarbanes Oxley Act (SOX) and the Federal Sentencing Guidelines. Typically, the more amorphous concept of corporate 'culture' has been left to the auspices of human resources. New empirical evidence suggests that corporate culture plays a defining role in whether an organization conducts business in an ethical manner and that corporate counsel need to be part of assessing and changing that&#133;

Features

Enforcing Jurisdiction Clauss in the EU Image

Enforcing Jurisdiction Clauss in the EU

Todd S. Fishman & Laura Martin

In a recent development that will likely be of interest to companies conducting business in Europe, the American Bar Association has recently urged the U.S. government to sign, ratify and implement the Hague Convention on Choice of Court Agreements (the 'Choice of Court Convention'). The Choice of Court Convention accomplishes many goals that have long been sought by the United States. Most importantly, it provides a mechanism for the recognition of certain judgments rendered by U.S. courts, namely judgments resolving a dispute arising out of a commercial agreement that was submitted pursuant to an exclusive choice of court agreement. (See American Bar Association, Recommendation adopted by the House of Delegates (Aug. 7-8, 2006), at www.abanet.org/intlaw/policy/investment/hcca0806.pdf.)

Last Call for Non-Proportionate Bar Orders Image

Last Call for Non-Proportionate Bar Orders

Ralph Ferrara & Alycia Kellman

The means by which courts implement bar orders in securities class actions continue to evolve. Currently, courts use three widely recognized methods to calculate the judgment reduction credit given to a non-settling defendant who is barred from pursuing contribution claims from a settling defendant. One method, pro rata, has already lost favor in the courts and in the near future, the second method, pro tanto, will most likely fall from grace as well. In contrast to the first two, the last method, proportionate fault, is rising in popularity due to its greater likelihood of leading to equitable results. It is, therefore, last call to those seeking to have their bar order filled by anything other than the proportionate fault method.

Features

The Growth of Litigation: A Global Trend Image

The Growth of Litigation: A Global Trend

ALM Staff & Law Journal Newsletters

For the past three years, our law firm, Fulbright &amp; Jaworski LLP, has conducted its Litigation Trends Survey, based on responses from senior-level in-house lawyers at companies in a variety of industries and at various revenue levels. In the first year, we surveyed only United States companies. Last year, we expanded our survey to encompass companies in the United Kingdom as well. This year's edition of the Litigation Trends Survey ' in recognition of the increasing globalization of the world economy and our own firm's rapid international expansion ' drew on responses from companies around the world. The survey results generally confirmed what prompted us to expand the scope of the Survey to begin with ' that companies are increasingly operating more globally and therefore face greater and more frequent challenges in protecting their interests in areas far from home.

BearingPoint and the Risk of Late SEC Filings Image

BearingPoint and the Risk of Late SEC Filings

Joshua P. Agrons, Richad P. Bourgeois & Natasha S. Chowdhury

Companies that are late in filing their financial statements with the SEC may simultaneously trigger default provisions under their credit agreements and indentures. Accounting problems from practices such as the backdating of stock options make it difficult for companies to get auditors to sign off on their financial statements, resulting not only in a failure to meet SEC reporting deadlines but also a default under their loan agreements and cross-defaults under other agreements. This problem is widespread, with over 150 companies affected by the options backdating scandals and over 1300 companies in 2005 alone filing restatements of their financial statements with the SEC.

Features

Averting Data Security Threats From Portable Electronics Image

Averting Data Security Threats From Portable Electronics

Michael W. Droke & Rachel E. Byrne

The proliferation of flash drives, iPods, camera cell phones, Black-berries, and similar electronic devices has put all companies at added risk for insider theft. With the use of these devices, downloading significant amounts of data is easy, virtually instantaneous, and often very difficult to detect. These risks apply to essentially all companies that allow employees access to electronically stored, confidential, and proprietary information.<br>So what is today's company supposed to do to protect its valuable, sensitive information in the face of the risks posed by new portable devices?

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