Election of Directors
The <i>Axcelis</i> decision demonstrates the continued reluctance of Delaware courts to allow plaintiffs to utilize DGCL ' 220 as a means to troll for lawsuits against corporations.
Interpreting FTC's New Endorsement Guidelines
For the first time since the 1980s, the FTC recently overhauled its guidelines and liability parameters for product endorsements and testimonials. These updated guidelines, which took effect Dec. 1, also cover the use of consumer endorsements and reviews. Entertainment companies that promote products ' and celebrities who blog and tweet ' through new media should consider how these guidelines may affect their marketing practices.
A New Leadership Model Is Needed
Even though there are signs that the economy is starting to recover, this recession will have a far great impact on the legal profession than any previous recession in the last 70 years. Here's why.
Reducing the Cost of Discovery
Analysis of how you are handling and responding to discovery requests will eliminate errors and reduce costs. This article provides a review of Lean Six Sigma in identifying avoidable problems that occur again and again across a variety of cases.
The Doctrine of Fair Use
The definition of fair use was recently examined by the U.S. District Court for the Eastern District of Pennsylvania in <i>Warren Publishing Co. v. Spurlock d/b/a Vanguard Productions.</i> The court's opinion in this case provides a thoughtful and useful analysis of the bounds of fair use.
FCPA Individual-Liability Prosecutors Want YOU!
Over the last ten years, U.S. corporations conducting business outside the country have witnessed a dramatic increase in the enforcement of the Foreign Corrupt Practices Act (FCPA) and the severity of the financial penalties assessed. Now the DOJ and SEC have upped the ante.
New Burdens for Federal Contractors
On Jan. 30, 2009, President Obama signed Executive Order No. 13496, which requires Federal contractors to post notice of its employees' rights to organize and engage in union activities under the National Labor Relations Act. Here is what you have to know.
The FTC's New Endorsement Guides
The FTC's new guidance makes it clear that companies that are involved in encouraging a message about their products or services in non-traditional media, such that they are essentially sponsoring the messages, even if by consumers or celebrities, will be responsible as the advertiser for the message. Although the FTC acknowledges the limited ability in social and other evolving media to clear and control these types of messages, it places the burden of the risk on both the sponsor and the speaker.
A New Leadership Model Is Needed
Before firms can address the changes they need to make in their management and leadership, they must identify and understand the trends and issues that have developed, and the challenges they are creating. The list is extensive.
