<b><i>Daubert</i></b> Motions Really Do Work
<b><I>Part One of a Two-Part Article</I></b><p>The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and <I<Daubert</I> is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here's why.
Deferred Compensation and Safe Harbor Plans
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.
Protecting Your Clients from Their Own Social Media
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.
Director Independence to Consider Pre-Suit Demand
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.
Class Certification
<b><I>Will Gorsuch Pick Up Where Scalia Left Off?</I></b><p>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?
The Clock Is Ticking
<b><I>Courts Check Government Attempts to Extend the Statute of Limitations</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>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.
Back in the GDPR
Any company operating globally should protect its value through exposure containment under both privacy shield and the forthcoming GDPR.
Five Easy Ways To Elevate Your Executive Presence
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.
