Using Digital Tools To Assess and Remedy Online Reputational Damage
The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
Court Watch
Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last? <br>Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them
Director Compensation Subject to Entire Fairness Standard
The Delaware Court of Chancery recently denied the motion to dismiss filed by Citrix Systems, Inc. and its directors in a derivative suit brought by shareholders. In a challenge to the business judgment rule, the plaintiffs were allowed to proceed with their breach of fiduciary duty claim, and the court noted that the awards were subject to review under the "entire fairness" standard.
The Attorney-Client Privilege
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
On the Modern American Class Action
This article examines what the author calls the present scourge of food litigation being driven by class-action attorneys on the theory that a regulatory violation of any magnitude amounts to an unfair or deceptive trade practice under state consumer protection statutes.
Counseling the Counselors
A variety of potential liability theories ' such as professional malpractice and breach of fiduciary duty claims ' may be pursued against in-house counsel by the corporation, its shareholders, and members of the public, as well as by governmental authorities. Here's what you need to know.
Buyout Funding and Death Benefits
Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.
