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Reexamination of Direct-Derivative Distinction Under Tooley for Common Law 'Holder Claims'

By John T. Bender

It can be a major barrier to shareholders seeking to recoup individual losses from falling stock prices caused by corporate mismanagement.

 

The Death of Merger Litigation?

By Donald H. Tucker Jr. and Clifton L. Brinson

Recent Delaware decisions and novel corporate bylaws may rein in—but won't eliminate—merger lawsuits.

 

Delaware Supreme Court Sets a High Bar for Financial Advisor Aiding and Abetting Liability

By John A. Sensing and Andrew H. Sauder

Significant misconduct is likely required to find scienter by a financial advisor.

 

Fund Performance Indicators the Securities and Exchange Commission May Be Watching

By Aaron Dolgoff and Tiago Duarte-Silva

What signals is the SEC monitoring for accounting or investment performance fraud?

 

Cooperation Credit in Enforcement Proceedings: The Importance of Independence

By Jonathan C. Schwartz and David G. Buffa

Use of an outside investigator may curry greater credit from regulators.

 

Federal Securities Regulators' Enforcement Focus Turns to "Gatekeepers"

By Eliot T. Burriss and Nicole Figueroa

Tips on how audit professionals can mitigate the risk of enforcement proceedings.

 

A Brief Introduction to the Bank Examiner Privilege

By Mark M. Haddad

What counsel handling banking litigation need to know about this statutory privilege.

 

Defending Banks from Civil Money Penalties

By Kevin J. Handly

Be on the watch for early warning signs and proactive in addressing and disarming bank examiners' concerns.

 

When Lenders Exercise Too Much Control

By Zachary G. Newman

A wake-up call for those involved in commercial lending litigation.

 

The Legal Landscape of Class Arbitration Waivers in Consumer Contracts

By Alvaro J. Peralta

Key questions remain after Italian Colors and in light of rules proposed by the CFPB and congressional legislation.

 

International Forensic Investigations—Cultural Considerations

By Alexander Walther, Robert Gray, Melissa Ho, and Emma Cecil

Part Two of a quick reference guide to differences when conducting investigations outside the United States.

 

International Forensic Investigations—Local Laws and Regulations

By Alexander Walther, Robert Gray, Melissa Ho, and Emma Cecil

A quick reference guide to differences when conducting investigations outside the United States.

 

The New Biosimilars Frontier

By Sapna W. Palla and Monica A. Kolinsky

Drug companies are testing the limits of the "patent dance" under the Biologics Price Competition and Innovation Act.

 

Delaware's Two Courts for Trade Secrets and Restrictive Covenants

By C. Malcolm Cochran IV, Steven J. Fineman, Selena E. Molina, and Nicole K. Pedi

Known nationally for their corporate expertise, Delaware's business courts are also well suited for trade secret and restrictive covenant cases.

 

The U.S.–EU Privacy Safe Harbor Is Invalid

By Thomas Carey

What can companies do now to avoid its enforcement, what regulatory framework will replace it, and how can clients prepare?

 

Likelihood of Preclusion?

By John Blattner

How a recent Supreme Court decision may impact trademark litigation.


Three Key Distinctions Between the Uniform Trade Secrets Act and the Common Law

By Gregory S. Bombard

Trade secrets law in MA and NY, the two remaining common-law jurisdictions, continues to differ significantly from the UTSA.

 

AICPA Rules of Professional Conduct

By Dennis S. Medica

Understanding your accounting expert's ethical standards can avoid risk for your client.

 

E-Discovery and the Internet of Things

By Maureen O'Neill

The pervasive nature of online connectivity dramatically changes our lives, but it also brings material changes to electronic data in litigation.

 

The 2015 Amendment to Federal Rule of Civil Procedure 37(e)

By Neil E. Aresty

So, you forgot to preserve all that ESI--now what?

 

Maintaining Control of a Company's Social Media Accounts

By Joseph J. Blyskal and Delaney M. Busch

Appropriate policies are necessary to avoid the inadvertent destruction of ESI or waiver of trade secret protection.


Understanding the Payment Card Fraud Liability Shift

By Edward A. Marshall and Maayan Lattin

New credit card processing technology has led to a change in liability rules for counterfeit transactions--one which turns on how quickly businesses adapt.

 

Inadvertent Disclosure in E-Discovery: How to Avoid Waiver of Privilege

By Lisa M. Gonzalo

Basic preventative measures can be used to heighten protection and avoid costly disputes in large-volume ESI cases.

 

Pitfalls of Practicing in the Electronic Age

By Diana C. Manning, Benjamin J. DiLorenzo, and Jenny R. Caruso

Keep ethical considerations at the forefront when using modern technology.

 

A Challenge to Corporate Counsel to Regain Control of the Discovery Process

By Zachary G. Newman

Stop fueling discovery disputes and focus on managing discovery and strategically pursuing fee-shifting.

 

Protecting Draft Expert Reports from Discovery

By John M. Barkett

Expert notes and communications not independently protected as attorney work product might not be shielded.

 

Expert Scrutiny at the Class Certification Stage

By Melissa Colón-Bosolet and Kate Englander

Ensure your experts can withstand a Daubert challenge.

 

Expert Disclosure Lessons Learned in a Recent Trial

By Rudy R. Perrino

Adherence to the federal rules and a careful review of the discovery record can help prevent exclusion of expert testimony.


Becoming an Expert at Experts: A Guide for Young Attorneys

By Travis J. McDermott

Learning how to retain, communicate with, and prepare witnesses is a critical skillset that can help in developing experienced litigators.

 

Plowing in the Daubert Fields: Recent Applications of the Standards

By William Frank Carroll

A review reveals a checklist for attorneys seeking to strengthen or weaken an expert opinion.

 

United States ex rel. Garcia v. Novartis AG

By Shain Khoshbin

A good primer on adequate allegations of qui tam fraud, the "first-to-file" rule, and the public disclosure bar.

 

The Art of Writing a Persuasive Fact Section

By Emily Ambrose

A well-written work can sway a judge's mind in favor of your legal argument before the argument is even made.

 

When Former Employees Are Fact Witnesses: A Guide to the Ethical Landscape

By Andrew Graeve

Be sure to research the state's ethics rules, opinions, and case law before doling out compensation.


A Young Lawyer's Perspective on Upcoming Changes to the Federal Rules of Civil Procedure

By Amber Davis-Tanner

Upcoming changes narrow the scope of discovery and allow sanctions for certain failures to preserve electronically stored information.

 

A Tale of Two Cities: Honolulu and San Francisco

By Nick Kacprowski

Why are "Big Law" lawyers so young compared with top firms in smaller markets?


Be Confident, Not Arrogant: How Not to Cross That Thin Dividing Line

By Angela A. Turiano

Understanding how to believe in yourself without appearing condescending and self-important is critical to your development as a young lawyer.

 

Truth in Lending Act Loan Rescission Claims

By Maria Kreiter, Nina Beck, Maggie Cook, and John Kirtley

Borrowers may rescind under the Truth in Lending Act without filing a lawsuit by providing notice to the lender.

 

Ethics Issues in Pro Hac Vice Admissions

By David L. Finger

Both pro hac vice counsel and local counsel need to be aware of potential ethical pitfalls.


Ethical Considerations in Dealing with Expert Witnesses

By George Carr

Selecting and working with expert witnesses, both friendly and adverse, involves a variety of ethical issues.

 

Ethical Issues Implicated by Lawyers' Use of Third-Party Cloud Services

By Amelia Toy Rudolph

Proceed with caution when entering the cloud.


Ethical Issues Facing Corporate Counsel in Closely Held Business Disputes

By Paula Bagger

Learn how to clearly identify the "client" and what you must do to satisfy your ethical duties of representation.

 

Ethical Concerns and Best Practices in Cross-Border Internal Investigations

By Katrina A. Hausfeld

When conducting a multijurisdictional investigation, don't get caught in the privilege trap.


Tips for Young Lawyers: Ethics and Social Media

By Angela M. Scafuri

Be mindful of these ethical and professional responsibility considerations when utilizing social media in legal practice.

 

The Scope of the False Claims Act's First-to-File Bar

By Bryce L. Friedman and Yafit Cohn

The Supreme Court will determine whether the bar functions as a one-case-at-a-time rule.


Protecting Your Business Against Rogue Employees

By Aaron Krauss

How can you limit the damages of a former worker?

 

Where Do Whistleblowers Stand with FCA "Worthless Services" Cases?

By Maria C. Rivera-Lupu

Substandard healthcare provider services do not equate to worthless services.


Independent Contractor Whistleblowers

By Boris Peyzner

Employers face a new area of potential liability with the increase in laws protecting against retaliation.

 

Separate Entity Rule for Foreign Banks Lives on in New York

By John P. McCahey

Service of restraining notice ineffective to freeze assets held in bank's foreign branches.


The Ascertainability Requirement for Class Actions Now Has Teeth

By Joseph C. Merschman and David R. Roth

A trio of recent decisions could reshape the consumer class action landscape.

 

Operation Choke Point Casts Cloud over Payment Systems Industry

By Edward A. Marshall

FTC enforcement actions against payment card processors due to deceptive acts of their merchants are on the rise. Following industry guidelines on underwriting and monitoring of merchant risk could help mitigate exposure.


Standing to Bring Data Breach Class Actions Post-Clapper

By Heidi J. Milicic

The risk of future harm is likely too speculative to meet Article III standing in post-Clapper data breach cases. Where will plaintiffs go from here?


Developing Cybersecurity Plans to Protect Intellectual Assets

By Emily Duke

Businesses can make themselves "tough targets" by developing cybersecurity plans to prevent hackers and rogue insiders from stealing company secrets and consumers' protected personally identifying information.


Payment Processor's "In-House" Data Security Compliance Program Under Attack

By Edward A. Marshall

No good deed goes unpunished: payment processors could face antitrust and unfair competition liability risks when offering PCI compliance services to their merchants.


Tips for Young Lawyers: Privacy Issues in Discovery of Social Media

By Angela M. Scafuri

When pursuing discovery of social media, lawyers should keep in mind the evidence and ethics rules.

 

Federal Cases Addressing Arbitrability Continue to Change the Landscape

By Marc J. Zucker

A review of these decisions and their progeny for any commercial litigator braving this complex area.


Third Circuit Rejects Delaware Court of Chancery's Confidential Arbitration Program

By Chad M. Shandler

Court affirms earlier ruling finding confidentiality provisions unconstitutional.


Branding the Post-Closing Dispute

By Jennifer L. Sullivan

Some of the issues to consider before summoning your inner Draper a la Mad Men and casting a claim as one for adjustment or breach.


"Entry of Judgment" Language in Arbitration Clauses

By Sarah Rubin and Judy Barrasso

What language is required for confirmation of judgment?


The Standing Neutral—Low-Cost Insurance to Prevent Disputes on Construction Projects

By Margaret "Peggy" Landry and James P. Groton

Employing a neutral expert to act as a dispute resolver has proven successful in keeping construction projects on schedule and on budget.


Tips for Young Lawyers at Mediation

By Celeste R. Coco-Ewing and Maria-Vittoria "Giugi" Carminati

Use this checklist to prepare.


Shareholder Oppression: Texas Supreme Court to Weigh In on National Debate

By Kelli Hinson and Lyndon Bittle

Resulting decisions could have impact far beyond the state.


The Tyranny of the Minority

By Daniel D. Quick and Erin M. Pawlowski

The case for reining in minority shareholder oppression litigation.


The Unclear Application of Bullock

By Devin Burke Hahn

What constitutes a defalcation in a closely held business context?


Minority Shareholder Threats to Subchapter S Elections

By Paula M. Bagger

Reviewing recent judicial responses.


Supreme Court Strengthens Forum-Selection Clauses

By Bradford S. Babbitt

These clauses should be enforced in all but "the most exceptional cases."


Detroit's Pitch for a Pension Pinch

By Devin Burke Hahn

The City of Champions faces three key challenges in its bankruptcy case.


Deepening Insolvency as a Method for Calculation of Damages

By Viraj Deshmukh and Radha Gordon

The possibility of recovering damages from deep pockets makes treading through these murky waters worthwhile.


A Trade Creditor's Guide to Defending "Wrong Payor" Fraudulent Transfer Cases

By Lucian B. Murley and Neil Steinkamp

We offer guidance in defense strategy and preventing these actions in the first place.


"Make-Whole" Claims Triggered by Automatic Acceleration

By Brendan M. Gage

Courts are split over what to do when loan agreements fail to address this issue.


Banking on Liability: Claims Against Ponzi Scheme Professionals

By Gene R. Kohut, Scott A. Wolfson, and Adam L. Kochenderfer

The law neither persecutes nor pardons every professional who worked with the Ponzi debtor.


Second Circuit Vacates Class Certification in Google Case

By Joseph C. Merschman and John Doroghazi

In The Authors Guild, Inc., et al. v. Google Inc., the Second Circuit tells the district court to rule on Google's fair use defense first.


Three Years Later: Examining the Rule 26 Amendments

By Maria-Vittoria G. Carminati

There's an elephant in that rising fog! A look at the lingering questions.


Using Experts in an Expert Way

By Kelli Hinson

Tips on effective use of an expert witness to best position your case pretrial.


Inviting the Cook to the Grocery Store: An Expert's Role in the Discovery Process

By Benjamin I.S. Bershad, Jason E. Bodmer, and Jacob M. Reed

Leverage a financial expert early and often to protect your client's best interests.


Avoiding Application of the Missing-Witness Rule

By Michelle M. Rutherford

Think your expert may end up getting shelved? It's important to understand the risks.


Expert Testimony and Proximate Cause in Legal Malpractice Cases

By Michael A. Brockland

Counsel should carefully analyze the issues in the underlying litigation.


An Introduction to Litigation Trusts

By Paige Holden Montgomery and Casey A. Burton

A look at these "relatively new creatures" and the emerging issues in litigation they've sparked.


The Enforceability of Fiduciary Duty Waivers

By Zachary G. Newman and Alison M.C. Schrag

A careful review of the underlying agreements is critical before taking any court action.


Using Forensic Accounting in Trust Disputes

By Michael N. Kahaian and Thomas M. Schehr

In an era of Ponzi schemes and other financial scandals, this new breed of accountant plays a key role in fraud investigations.


Breaking Down the Business-Judgment Rule

By Lindsay C. Llewellyn

A defense to shareholder derivative suits against corporate directors for breach of fiduciary duty.


Trustee Bank's Breach of Investment Management Fiduciary Duties

By O.A. Ishmael

Advice for avoiding pitfalls while adhering to a higher standard of care.


"Lawfully Made under This Title"

By Christopher A. Mitchell and Matthew J. Snider

The new, global reach of the first-sale doctrine.


Written Litigation Holds and Per Se Negligence: An Evolving Law

By Paul M. Kessimian and Travis J. McDermott

Since the Pension Committee decision, the rules governing document preservation and spoliation have been in flux.


The Battle over Confidential Arbitration

By Jason J. Rawnsley

The controversy about the Delaware Court of Chancery's business arbitration program moves to the Third Circuit.


Predictive Coding Goes Mainstream

By Paula M. Bagger

Last year saw a flurry of feedback from the bench on computer-assisted document review.


Limiting Reviewability of Transfer Venues in Texas

By Maria-Vittoria G. Carminati and Ammad Waheed

Courts have deemed transfer orders untouchable at the slightest intimation of a justice and convenience ground.


Banks' Duty to Speak

By John P. McCahey and Alison M.C. Schrag

What "special circumstances" require disclosure of customers' financial information?


A Simpler Solution to Federal Rule 30(b)(6) Depositions

By Joseph W. Hovermill and Jonathan A. Singer

More reasonable methods of discovery may be available.


Protecting the Secrets of In-House Counsel

By Kelli Hinson

Knowing the rules affecting the privileges of in-house counsel is essential during litigation. Knowing them before litigation begins is even more valuable.


Young Lawyers: Avoid Falling into Ethical Holes

By Lyndsey Tadlock

Rules of ethics provide young lawyers with a comprehensive structure to practicing law and can guide them in a firm, in developing their own practice, and in building relationships with clients.


Settlement Agreements, Restrictions on Right to Practice Law

By Terri L. Mascherin and Michael L. Cebula

Any settlement provision that potentially affects an attorney's ability to practice or represent clients must be carefully drafted to comply with Rule 5.6(b).


'Justice as Fairness' as a Guiding Principle in Arbitration

By Robert L.C. Houston

Arbitrators need a framework for decision-making—namely, John Rawls’s“Justice as Fairness” theory of the social contract as applied to international commercial arbitration.


Litigation 101: Ethics Related to the Use of Contract Attorneys

By Gregory M. Boyle and J. H. Jennifer Lee

It is critical for attorneys to understand the ethical considerations that apply to work performed by their contract brethren.


Chancery Arbitrations after Year One: Annotated New Form

By Greg Varallo, Rich Rollo, and John Mark Zeberkiewicz

After a year of hands-on experience with binding private arbitration in the Court of Chancery, a second-generation dispute resolution form has evolved.


Using Employees Retained after an Acquisition in Litigation

By Mark R. Jacobs

Retained employees might be the most valuable source of information in litigation against the seller of a business, but their involvement presents challenges.


Private Equity Valuations: Standards and Recent Developments

By Brett D. Jaffe and Oliver S. Haker

With the SEC's focus on and private civil litigations regarding private equity valuation, it is worth considering the standards and the recent developments in the law.


Fiduciary Duties in the Alternative Entity Context

By Srinivas M. Raju and Jillian G. Remming

Although the same fiduciary duties apply to Delaware LPs and LLCs as apply to Delaware corporations, there are distinctions that can lead to different results.


Forum Alternatives for Purchase Price Adjustment Disputes

By Jeffrey S. Torosian and Kimberly M. DeShano

Courts tend to order alternative dispute resolution where the parties agreed to it, but they look to the intent of the agreement to assess the scope of that process.


Are Clawback Agreements Being Used to Their Full Extent?

By Jennifer F. Beltrami

Clawback orders can reduce the need for parties to concern themselves over whether their conduct would pass scrutiny under a reasonableness analysis.


The Rule 26 Amendments: One Year Later

By Louis E. Kempinsky and John C. Keith

Case law interpreting the 2010 amendments is still in the early stages, but a number of potentially significant issues have already emerged.


The Benefits of a Miranda-Type Approach to Upjohn Warnings

By Sehyung Daniel Lee

Employees should know that lying during an internal investigation could result in criminal penalties, even if it causes the employees to be less forthcoming.


Reviewing Privilege Issues During Transaction Negotiations

By Scott B. Murray

You never know when a deal is going to lead to litigation, so parties should be as protective during negotiations as they might be during litigation.


Negotiating Effective Search Terms Will Save Expense Later

By Angela M. Scafuri

Well-crafted search parameters are critical to the speedy resolution of cases and the reduction of litigation costs.


Privilege-Waiver Issues in Bankruptcy after MF Global

By Meryl B. Vinocur and Catherine G. Pappas

Management's fiduciary duty prior to bankruptcy is to the shareholders, but afterward, the trustee's role is to administer the estate for the benefit of creditors.


NLRB Rules Collective-Action Waivers Are Unlawful

By Breanna Harris

The NLRB ruled it is a violation of federal law to require employees to sign arbitration agreements that prevent them from joining to pursue legal claims.


Must Legal Holds Be Written to Avoid Spoliation Sanctions?

By Paul M. Kessimian and Travis J. McDermott

Steuben Foods shows that Pension Committee's rule of per se gross negligence and associated inference of spoliation will not necessarily be followed.


Shining a Spotlight on Adequacy of Class Counsel

By Jeremy Gilman

A Seventh Circuit decision is likely to sharpen the focus on the adequacy-of-counsel requirement in consumer class actions.


Commercial Litigation in the United Kingdom

By Gavin Foggo and Caroline Benham

The United Kingdom's procedural rules, practice conventions, and public policy pressures give its litigation landscape important differences from that of the United States.


Obtaining Evidence in Canada for Use in Foreign Proceedings

By Brett Harrison and Richard McCluskey

To effectively litigate disputes in the United States, U.S. attorneys need to know the steps necessary to compel evidence from a witness living in Canada.


Friendly yet Foreign: Litigating in Ontario, Canada

By Douglas Harrison

As with most of Canada, Ontario's legal system is based on the common law, passed down from when the province was an outpost within the British Empire.


Questions to Ask Before Starting International Arbitration

By B. Ted Howes

Although thinking ahead is important in all forms of dispute resolution, it takes on added importance in international arbitration.


Service Abroad under Fed. R. Civ. P. 4(f)(3)

By Aaron Weiss

Rule 4(f)(3) offers a method to save significant time and expense in serving defendants outside the United States.


Avoiding Lawsuits over Internet False Advertising

By Gary L. Beaver

Attorneys specializing in consumer-protection class actions are filing creative pleadings attacking companies for ads that may cost the company millions.


Contributory Trademark Infringement: An Issue for Web Hosts

By James Billings-Kang

Some web hosts are being held liable for assisting businesses in the sale of counterfeit goods.


Wikipedia Dispute Resolution

By Thomas C. Goodhue

Wikipedia has implemented procedures that address its potential for misuse.


Combating Jurors' Improper Internet Usage and Winning

By Robin H. Jones and H. Eli Lightner II

The Internet revolution is leaving courts and parties scrambling to preserve the sanctity of the jury trial.


Delaware Upholds Sanctions for Electronic Discovery Violation

By C. Malcolm Cochran and Travis S. Hunter

The Delaware Supreme Court affirmed an award of sanctions against a litigant who authorized the deletion of unallocated free space on a computer hard drive.


Attorney-Client Privilege and Former Directors and Officers

By Joshua Heidelman and Michael J. Schrier

What happens to attorney-client and work-product privilege if a director or officer leaves the corporation and then becomes adverse to it in litigation?


Delaware Court of Chancery Upholds Poison Pill in Airgas

By Jason J. Rawnsley

The court found that Airgas's board of directors acted consistently with its fiduciary duties in maintaining a poison pill in the face of an all-cash, all-shares hostile tender offer.


Fifth Circuit Refrains from Adjudicating OPEC Price-Fixing Claims

By Shain A. Khoshbin

The court affirmed the dismissal of two class actions brought by gasoline retailers against oil-production companies alleging antitrust violations.


Improving Multi-Jurisdictional, Merger-Related Litigation

By Mark Lebovitch, Jerry Silk, and Jeremy Friedman

The increased volume of merger-related class actions has led to unusual behavior by shareholders' and defense counsel alike.


Court of Chancery Issues New Guidelines for Preservation of ESI

By C. Malcolm Cochran

The Delaware Court of Chancery has issued a notice that follows recent rulings and public statements addressing the spoliation of ESI and the duty to preserve.


The "Selective Waiver" of Work Product Privilege

By Shain A. Khoshbin

In a recent federal case, a district court held that voluntary disclosure to a regulatory body waived the work product privilege.


Disguised Dividends, Improper Buyout, and Shareholder Oppression

By Shain A. Khoshbin

A "business divorce" between a minority shareholder-employee and a closely held company can involve emotionally charged allegations, legal issues, and equitable considerations.


New Jersey Certifies Class in Weight-Loss Supplement Case

By Ronald J. Campione

The case demonstrates the protective instinct of the New Jersey Supreme Court regarding individual consumer class actions alleging violations of the CFA.


The Delaware Corner: Poison Pills and a New Judge

By C. Malcolm Cochran and Jason J. Rawnsley

A recent decision of the Delaware Supreme Court approved the use of a "poison pill," and Leonard P. Stark joined the Federal bench.


Brand Enforcement on Social Networking Sites

By Darin M. Klemchuk and Roxana Sullivan

In today’s Web 2.0 world, businesses have inexpensive and far-reaching mechanisms through which to promote their brands and advertise their goods and services.


The Delaware Corner: A New Forum for Complex Commercial Disputes

By C. Malcolm Cochran

Delaware is a favored state for the formation of business entities, ranging from corporations and limited liability companies to limited partnerships and business trusts.


Attorneys Who Mishandle Their Clients’ Proofs of Claim Leave Themselves Open to Significant Blame

By Jeff Bohm, Brendetta Anthony Scott, and Suhani Desai

An assembly-line approach to signing and filing POCs may subject attorneys to quality control measures taken by courts.


An Overview of Landlord Rights Against Tenants in Bankruptcy

By Andrew Hardenbrook and Benjamin W. Reeves

A bankrupt tenant generally has three ways to treat a lease: assumption, assumption and assignment, or rejection.


Tips from the Mortgage Meltdown: Produce the Note . . . Of Course We Can

By Michael Winston

Much has been made in the media about securitized trusts' inability to produce final loan documents and the original note and mortgage, but this issue is largely a red herring.


Tips from the Mortgage Meltdown Trenches: Where’s the Rent?

By Michael Winston

Many properties in foreclosure were purchased by investors who intended to flip the property for a quick sale or hold it as a short-term rental.


Third, Eighth, and Ninth Circuits Weigh In on TILA

By Michael S. LeBoff

As Truth in Lending Act (TILA) claims proliferate, the federal appellate courts are being called upon to interpret borrowers’ rights and remedies.


Supreme Court Lets Stand Major Fifth Circuit Venue Ruling

By David Coale and Chris Kratovil

The U.S. Supreme Court recently denied certiorari in Singleton v. Volkswagen (In re Volkswagen II).


TILA Remedies: Damages vs. Rescission

By Michael S. LeBoff

In TILA cases, it is essential to understand the basic differences between damages and rescission, the primary remedies available for TILA violations.


Specific Engagement Letters: A Risk-Management Tool

The role of the engagement letter has assumed an increasingly heightened profile in the management of a law practice.


Alternative Privilege Log Techniques in an E-Discovery World

By Elizabeth T. Timkovich and Meghan A. O’Donnell

Manual data entry can be time-consuming, especially in cases where many documents are being withheld and individual privilege descriptions must be entered for each.


ESI: Now That You’ve Got It, How Do You Get It In?

By Bradford S. Babbitt and Kori Termine Wisneski


Another Federal Circuit Knocks Out Class Action Waiver Provision in Arbitration Agreement Based on Public Policy under Federal Antitrust Laws

By Angelo A. Stio


Disclosure of Electronic Documents in International Commercial Arbitration

By Troy L. Harris


Third Circuit Punts on Auditor’s In Pari Delicto Defense

By William Tobolsky


Keeping It Real: Making White Collar Witnesses Blue Collar Friendly [PDF]

By Alison Bennett, Tara Trask, Bruce Collins, Michael Barta, and Amy E. Davis


Privilege and Email

By William Heyman


Third Circuit Enforces Class Action Waiver and Affirms Order Compelling Individual Arbitration of Putative Class Action

By Marc J. Zucker


Edgar Extends Moench Abuse of Discretion Standard to EIAPs

By William Tobolsky


Producing ESI under Amended Rule 34(b): Native Files, Metadata, and Load Files

By Alan B. Sutton


Five Common Mistakes Lawyers Make in Electronic Discovery

By Gary L. Beaver


Top Ten Mistakes Clients Make in Electronic Discovery

By Gary L. Beaver


Young Lawyers

Give Associates the "Big Picture" of the Case

By Sally K. Sears Coder

The information sought in discovery not only enables your client to prove its claims or defenses, but it can also impact the cost of litigating the case.


Your First Guaranty Case: Twelve Things To Know about Guaranties

By John P. McCahey

There is a lot to know about guaranties, but this primer can be a good starting point.


Ten Tips for Advocates New to Arbitration

By John Arrastia, Jr.

Arbitration has its own body of substantive and procedural law, but it also happens to be subject to the rules promulgated by the sponsoring body.


Five Common Provisions in Construction Contracts

By Lindsay R. Barton

Construction contracts often contain payment and damages provisions specific to the construction industry.


Daubert and Summary Judgment: A Two Step Analysis

By Thomas L. Cubbage III and David S. Coale

A "no evidence" summary judgment motion involving a challenge to expert testimony requires a two-step analysis.


Practical Pointers for Managing Defensive E-Discovery Projects

By Irene S. Fiorentinos

Here are some suggestions for junior attorneys managing defensive electronic discovery.


The Delaware Corner

Delaware Upholds Sanctions for Electronic Discovery Violation

By C. Malcolm Cochran and Travis S. Hunter

The Delaware Supreme Court affirmed an award of sanctions against a litigant who authorized the deletion of unallocated free space on a computer hard drive.


Delaware Court of Chancery Upholds Poison Pill in Airgas

By Jason J. Rawnsley

The court found that Airgas's board of directors acted consistently with its fiduciary duties in maintaining a poison pill in the face of an all-cash, all-shares hostile tender offer.


Improving Multi-Jurisdictional, Merger-Related Litigation

By Mark Lebovitch, Jerry Silk, and Jeremy Friedman

The increased volume of merger-related class actions has led to unusual behavior by shareholders' and defense counsel alike.


Court of Chancery Issues New Guidelines for Preservation of ESI

By C. Malcolm Cochran

The Delaware Court of Chancery has issued a notice that follows recent rulings and public statements addressing the spoliation of ESI and the duty to preserve.


The Delaware Corner: Poison Pills and a New Judge

By C. Malcolm Cochran and Jason J. Rawnsley

A recent decision of the Delaware Supreme Court approved the use of a "poison pill," and Leonard P. Stark joined the Federal bench.


The Delaware Corner: A New Forum for Complex Commercial Disputes

By C. Malcolm Cochran

Delaware is a favored state for the formation of business entities, ranging from corporations and limited liability companies to limited partnerships and business trusts.


An Associate's View

Give Associates the "Big Picture" of the Case

By Ashley Schumacher

The partner, the associate, and, most importantly, the client, will benefit when the associate has a fuller understanding of all the elements of the case.