DE Supreme Court Clarifies <b><i>In Pari Delicto</i></b> Doctrine
January 31, 2016
The Delaware Supreme Court, in a recent order affirming the opinion of the Delaware Court of Chancery, provided clear guidance about when third-party corporate advisers may raise the <I>in pari delicto</I> defense as a shield to claims brought by or on behalf of the corporation.
8 Ways to Secure Your Law Firm in the Ubiquitous Cloud
January 31, 2016
The cloud will soon be as ubiquitous in legal as it is in other businesses. It's inevitable. As our reliance on the cloud grows, it's more important than ever for lawyers to understand how they connect to the cloud, the evolving risks that apply to them and what questions they need to ask to ensure confidentiality and privacy for their firms and their clients.
Electronic Cigarettes
January 31, 2016
While e-cigarette manufacturers and distributors promote the potential advances of this new technology over traditional cigarettes, the degree to which e-cigarettes are safe is the topic of great debate, and the source of litigation.
When There Is No License, Is There a Marriage?
January 31, 2016
In Part One of this article, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right?
The NLRB's 'Joint Employer' Thrust Defies 50 Years of Judicial Precedent
January 31, 2016
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
Break Down the Silos and Lead Your Firm's Information Services From the Data
January 31, 2016
Law firms are metrics-driven organizations, and the need for accurate metrics and key performance indicators (KPIs) will only continue to increase as law firms answer the client's demands to re-tool service delivery and organizational structure. This need for metrics-driven analysis now extends to the firms' research services, a heretofore last bastion of resistance to technology and measurement.
<i><b>At the Intersection</i></b>Manterruption Redux
January 31, 2016
Last August and September, we published a two-part article on the phenomenon called "manterruption." We commented on some important social research discussing men's pervasive tendency to interrupt women in group meetings or settings where the power stakes were high ("manterruption") and to appropriate women's ideas as their own ("bropropriation"). These posts triggered a torrent of response, some of which was gratifying to us and some of which was pretty bewildering.
<b><i>In the Spotlight:</i></b> Relocation Clauses
January 31, 2016
Many landlords are faced with a dilemma when signing a deal with a small tenant. What if a larger tenant wants to lease a large block of space and a smaller tenant is already leasing some of the space that the larger tenant needs? To cover this situation, many landlords require a relocation provision to be inserted into the leases it enters into with small tenants.
