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Strategic Considerations When Conducting an Internal Investigation
When it comes to workplace fraud, large or small, a well-planned and carefully executed investigation can help the company defend itself from potential civil and sometimes criminal liability.
D&O Liability
Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
Revlon Duties Do Not Prohibit Acceptance of a Compelling, Pre-Emptive Bid
In a much-anticipated decision, the Delaware Supreme Court recently overturned the controversial ruling of the Delaware Court of Chancery in <i>Lyondell Chemical Company v. Ryan, C.A.</i> Here is an analysis of the decision and its aftermath.
The Progressive Lawyer: Mandatory Audio-Recording of Forensic Interviews in Child Custody Cases
Part One of this article discussed the need for audio recording interviews in child custody cases to provide objective evidence. The conclusion herein discusses the ways to address the interviewer's objections to audio-taping.
Gay Marriage: A Changing Legal Landscape
The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.
Perplexing Problems Under the Uniform Transfers to Minors Act
The Uniform Transfers to Minors Act, like its predecessor, The Uniform Gifts to Minors Act, is a comprehensive statutory scheme designed to allow money and property to be transferred to children easily. However, disputes have crept into family law and related proceedings. Becoming familiar with the UTMA will help you avoid problems in settling or trying cases that involve custodial assets.
Case Notes
Recent rulings of interest.
Twombly's Plausibility Standard in Product Liability Cases
The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Defending Automobile Manufacturers in Design Defect Cases
Counsel defending manufacturers who are alleged to have designed defective vehicles that have caused serious traffic accidents often have an uphill battle in convincing jurors that the design of their client's vehicle was not wholly responsible. But it's not all bad news.
Polio Victim's 30-Year Crusade Garners $22.5 Million Award
Filed in 1981, <i>Tenuto v. Lederle Laboratories</i> is the oldest ongoing non-guardianship case in New York City, according to the Office of Court Administration. Now there's an award. But will it stand?

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