Acquiring More Than Just Assets
February 28, 2014
The implications of the ruling are clear: Where one company seeks to acquire the assets of another, a simple disclaimer of liability will not be sufficient. Due diligence requires that the successor company closely examine any pending employment-related litigation of the seller and determine how a particular sale implicates the successor liability test under the federal common law.
DE Supreme Court Eases Social Media Authentication
February 28, 2014
Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.
Dictating or Encouraging Franchisee Pricing
February 28, 2014
A price charged by a franchisee that is too low can adversely affect other franchisees and the franchisor by discouraging the provision of pre- and post-sale services, eroding brand image and jeopardizing the ability to introduce new products by depressing price points. Although relatively rare, a franchisee also may cause marketplace problems by charging too high a price for an attractive, new product in great demand.
Statistical Sampling
February 28, 2014
The focus on proportionality in high-profile cases such as <i>Apple v. Samsung</i>, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.
Supreme Court Hears Challenge to Fraud-on-the-Market Presumption in Securities Fraud Litigation
February 28, 2014
When the U.S. Supreme Court 25 years ago decided <i>Basic, Inc. v. Levinson</i>, it adopted a legal theory that commentators would describe as revolutionizing securities law in the United States. By accepting the "fraud-on-the-market" theory, the <i>Basic</i> Court made it much easier for plaintiffs to get their cases certified as class actions, increasing the potential exposure of corporations and their officers and directors.
Collaborating in The Cloud
February 28, 2014
One of the great advantages of working with files in a cloud drive is sharing documents with other reviewers/authors in real time. Real time is the actual time during which reviewers are making changes to the document. This can be accomplished with all reviewers working in a Web App.
Revenue
February 28, 2014
When is a sale a sale? This question is much more than semantics or a deep philosophical debate that college accounting majors have over a nice cold keg of Mountain Dew. Many an executive or business owner has gone to jail over this issue.
Best Practices for Comprehensive Searchability
February 28, 2014
Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.
Utah Judge Rules Against Aereo's TV Antennas
February 28, 2014
Television's old guard finally opened a hole in Aereo Inc.'s armor last month, winning a ruling that left the Internet TV upstart and its lawyers fighting to limit the damage ahead of arguments at the U.S. Supreme Court in April.
