<b><i>Practice Tip:</i></b> Insurance Issues in M&A Transactions
November 30, 2015
Product liability insurance is one of the few coverages that is written on either an occurrence or claims-made basis, depending on the extent of the insured's risk and financial ability to pay the premium. This article explores some of the 'insurance issues arising out of M&A transactions.
Med Mal News
November 30, 2015
Does a home birth disqualify a child from receiving state funds? Analysis of a case from New York.
Yates Memo Could Bring Balance to Prosecutions
November 30, 2015
On Sept. 9, the DOJ issued "the Yates Memorandum," detailing how officials expect prosecutors to hold individuals accountable for criminal wrongdoing. The memo may have result in a potential reduction in the number of corporate settlements when there is no clear evidence of criminal conduct.
Assessing Director Independence
November 30, 2015
A recent opinion by the Delaware Supreme Court emphasizes the need for boards of directors to be aware of close interpersonal relationships between their directors and any party with a financial stake in a contemplated transaction.
Ascertaining Potential Plaintiffs
November 30, 2015
Up until now, before a purported "purchaser" may join a class action targeting a product, the potential class member must make a showing that (s)he actually purchased the product and was potentially damaged by the alleged wrong. A recent Seventh Circuit decision, however, provides a decisive counterpoint to decisions in the Third and Eleventh Circuits.
Controversy from Talent Lawyer's Article on JAMS
November 30, 2015
Arbitration provider JAMS is staying neutral, sort of, on an entertainment litigator's claim that it favors big studios in arbitrations and mediations. The claim, made by Bird Marella partner Ronald Nessim in a law review this summer, is essentially that JAMS has a lock on studio business, with the overwhelming majority of studio contracts reviewed by Nessim naming JAMS as the dispute resolution provider.
How Much Investigation Is Enough?
November 30, 2015
Employers have frequently questioned the adequacy of the EEOC's pre-suit investigations. To their consternation, in September 2015, the Second Circuit held that courts do not have authority to review the extent or sufficiency of the EEOC's investigation of charges.
Trans-Jurisdictional Transactions
November 30, 2015
This three-part series examines the highly complex dispute resolution issues that companies face when engaging in cross-border transactions. This second installment explores the information-gathering phase during the litigation process.
Understanding and Engaging 'Millennials
November 30, 2015
Baby Boomers often complain that Millennials don't want to fit into the system, aren't dedicated to the organization, and "all expect a trophy." Millennials often see Baby Boomers as wedded to systems and processes that work for Baby Boomers but are stifling to Millennials. Here's how to get along.
Patent-Licensing Best Practices
November 30, 2015
Advances in patent analytics and easy access to data now enable the creation of defensible patent valuations. And, emerging patent pooling licensing models offer licensing executives more efficient, transparent, and predictable royalty streams vis-'-vis traditional licensing.
