LJN Newsletters

It happened. Some current or former client had the gall to write something less than flattering about you online. What do you do? The first thing to do, and this can be the hardest thing for attorneys, is to turn off your attorney. Feedback can be hard to take.

When lawyers are "too busy with work" to spend their time marketing, that is usually when they are most worthwhile to market. When lawyers are without work and banging down your door for help, that is when they are the least marketable and most challenging.

The Department of the Treasury has issued final regulations addressing deferred compensation and safe harbor planning utilizing §§ 409A(d)(1), 457(e)11 and 31.3121(v)(2). These regulations set forth how plan sponsors can provide death benefits on a permissibly selective basis.

Postings of comments or photographs become part of the permanent record on the Internet. There is no such thing as deleting a post or erasing the past. Because of the potentially adverse consequences, trial lawyers are now duty bound to run a thorough social media search of their clients, adversaries, and witnesses in every case. To the extent an attorney fails to conduct such a search, not only will she be at a severe disadvantage in the case but her competence as a trial lawyer can be called into question.

In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.

Will Gorsuch Pick Up Where Scalia Left Off?

For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. Will this continue if Gorsuch is confirmed to the Court?

Courts Check Government Attempts to Extend the Statute of Limitations

Part Two of a Two-Part Article

When the SEC and other government regulatory agencies pursue civil enforcement actions against those accused of financial fraud, they often attempt to recover monetary penalties and fines for periods of time even outside the limitations period. This effort is being met with resistance by the courts. The authors conclude their discussion herein.

Any company operating globally should protect its value through exposure containment under both privacy shield and the forthcoming GDPR.