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  • 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.

    April 02, 2017Lawrence L. Bell
  • 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.

    April 02, 2017Ben Rubinowitz and Evan Torgan
  • 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.

    April 02, 2017Joseph M. McLaughlin and Yafit Cohn
  • 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?

    April 02, 2017Jeremy M. Creelan
  • 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.

    April 02, 2017Jonathan B. New and Marco Molina
  • Any company operating globally should protect its value through exposure containment under both privacy shield and the forthcoming GDPR.

    April 02, 2017Dan Panitz and H. Bruce Gordon
  • What do you think is the secret sauce that accounts for 26% of what it takes to get promoted, according to 4,000 leaders surveyed by The Center for Talent Innovation? Whether you work in a law firm, for the government or with a corporate legal office, to get promoted, win cases, make more money, or just be more successful, your Executive Presence matters.

    April 02, 2017Linda Hardenstein
  • Will Gorsuch Pick Up Where Scalia Left Off?

    "Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?

    April 02, 2017Jeremy M. Creelan
  • The Swinging Pendulum

    Since the time that fault-based divorce fell into disfavor, and no-fault divorce became commonplace, there have been significant ebbs and flows in the nationwide trends of alimony. Now there has been yet another trend in alimony nationwide, commonly referred to as "alimony reform."

    April 02, 2017Laurence J. Cutler and Alyssa M. Clemente