In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on Caremark claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.
January 01, 2018Jason J. Mendro and Jeffrey S. RosenbergSocial media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.
January 01, 2018Khizar A. Sheikh, Lynne Strober and Jennifer PrestiThe FDA's recent approval of 23andMe's direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
January 01, 2018Shannon E. McClure and Whitney MayerThe Numbers Say Yes, But Not for the Reasons Many May Think
Conventional wisdom has it that mergers enhance profitability through increased revenues and reduced costs. However, the numbers contradict this view: post-merger revenues are lower relative to competitor firms than are the sum of the predecessor firms' revenues, and costs per lawyer increase markedly.
January 01, 2018Hugh A. Simons and Nicholas BruchThe U.S. Supreme Court seemed ready to strike down — though not by a unanimous vote — the federal law that bans most states from licensing sports betting.
January 01, 2018Tony MauroDiagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives.
January 01, 2018Steven StromBest Practices
This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
January 01, 2018David BlivenHow can companies make sure they have sexual harassment policies in place to protect interests and employees? The authors talked to several attorneys about common pitfalls and the lay of the land in the corporate environment right now. Here are highlights from those conversations.
January 01, 2018Erin Mulvaney









