LJN Newsletters

  • When May a Director Inspect the Company's Books and Records?

    It is well settled under Section 220(d) of the Delaware General Corporation Law (DGCL), a director's access to corporate books and records is broader than that of stockholders. However, in contrast to the broad scope of discovery permitted in a plenary action under the Delaware Court of Chancery Rule 26, Section 220 limits inspection (even by directors) to documents and communications that fall within its more limited "contemplation of 'books and records,'" which correlates with the "summary nature of a Section 220 proceeding."

    April 01, 2016Albert H. Manwaring IV

  • CT Bankruptcy Court Invalidates Lawsuit Funding Agreement

    Lawsuit funding companies have routinely filed claims as creditors in tort plaintiffs' bankruptcy actions when the debtor has failed to repay litigation funding advances. Whether bankruptcy courts will enforce lawsuit funding agreements depends on the applicable state law.

    April 01, 2016John B. Spitzer

  • Binding Arbitration in Divorce Cases

    More often than not, litigating divorce and post-divorce issues in the New Jersey Superior Court is not practical. It is unquestionable that alternative dispute resolution (ADR) venues are becoming popular and commonly used methods to resolve divorce and post-divorce issues.

    April 01, 2016Christopher R. Cavalli

  • The Supreme Court May Limit the False Claim Act's Scope

    The DOJ and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA). In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments.

    April 01, 2016Joseph Savage, E. Abim Thomas, Ezekiel L. Hill and Ashley E. Moore

  • Court Watch

    Court Declines to Issue Preliminary Injunction Notwithstanding Franchise Agreement Properly Terminated
    Noncompetition Covenant Not Enforced Where Franchisor Will Not Open Again in Area

    April 01, 2016Charles G. Miller and Darryl A. Hart

  • Landlord & Tenant

    Discussion of a case in which a civil court abused its discretion by staying execution of a warrant of eviction.

    April 01, 2016

  • Cybersecurity Meets EDRM with the Cybersecurity Reference Model

    Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.

    April 01, 2016Jeff Scarpitti and Jared Coseglia

  • Immediate Impact of the Repeal of Form 18 On Patent Litigation

    On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.

    April 01, 2016Ben Smiley

  • 10th Circuit Upholds Tax Reporting Law

    Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.

    April 01, 2016Stephanie Forshee

  • Quarterly State Compliance Review

    This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that was recently passed or went into effect and looks at some recent decisions of interest from the courts of Delaware and New York.

    April 01, 2016Sandra Feldman