arbitration proceedings, the Chair guides the procedural issues. This
discusses the role of the Chair and provides guidance.
Mr. Robbins writes: Most procedural issues fall on the
shoulders of the panel Chairperson. How that authority is...
A key tool
in the process of managing Foreign Business Partners under the Foreign Corrupt
Practices Act (FCPA) is an Oversight Committee. An Oversight Committee can be
utilized throughout the entire process of (1) evaluating the need for a...
By Adam D. Orford.
"Since 2007, Oregon's popular Business Energy Tax Credit (BETC) has earned the state an enviable reputation as a leader in renewable energy, particularly wind energy," writes Adam Orford. "But the ballooning costs...
Rights plans are one of the most effective takeover defenses, despite the decrease in use over the past decade. This article focuses on ten key issues that any board should consider when making a decision relating to a rights plan.
The authors write...
the heels of the Supreme Court's decision to grant review of a case addressing
the substantive standard in excessive fee cases under Section 36(b) of the
Investment Company Act of 1940 (ICA) (Jones v. Harris Associates L.P., 527 F.3d
department should develop a strategic plan to assure that its view of its role
and the view held by its clients coincide. A plan also enables a law department
to chart out details of that role, what resources it has and what additional...
By Steve Jones.
"With Senators Kerry (D-Mass.), Graham (R-S.C.) and Lieberman's (I-Conn.) climate change legislation reportedly set to be introduced in the near future", writes Steve Jones, "a number of state officials have openly...
Linda Larson and Meline MacCurdy
"EPA's recent settlement of a lawsuit brought by the Center for Biological Diversity (Center) challenging the State of Washington's failure to list coastal waters as "impaired" under § 303...
exposure to Insureds and their D&O insurers from securities class action
lawsuits has escalated greatly over the last ten years. Much has been written
about the explosion in the magnitude of settlements in those lawsuits.
v. Stephens, Delaware Supreme Court clarified the law, making clear that
corporate officers are subject to the same fiduciary duties as directors. Jack
Siegel's analysis of this decision provides best practices and lessons
One of the
biggest liability exposures for healthcare providers has been claims by the
federal government relating to alleged Medicare fraud and abuse practices under
the False Claim Act and the Fraud Enforcement and Recovery Act of 2009. These
activists and regulators have for years sought to regulate or control executive
compensation practices, with little success. That changed with the current
financial crisis, and compensation practices, rules and claims will continue
article is the first in a series of articles detailing the risk assessment,
evaluation and management of a foreign business partner under the Foreign
Corrupt Practices Act (FCPA). This article sets out the parameters of the
problem and suggests a...
Court opinion, Automatic Canteen Co. v. FTC, brought some order to Section
2(f). Prior to that time, the FTC had not brought an action under Section 2(f).
Automatic Canteen promulgated substantive and evidentiary rules for determining
This Term, in Maryland v. Shatzer , 2010 U.S. LEXIS
1899, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (2010) , the Supreme
Court has issued a ruling that may be seen as significantly loosening the
strictures on law enforcement that arise when a suspect in custody...
In Kasten v. Saint-Gobain Performance Plastics Corp .,
570 F.3d 834 (7th Cir. Wis. 2009) , cert.
granted , 2010
U.S. LEXIS 2654 (U.S. Mar. 22, 2010) the U.S. Supreme Court, after granting
the employee's writ of certiorari, is now left to decide whether...
The purpose of the "single publication
rule" is to control damages resulting from mass communications so that a
repeated communication does not create new causes of action. While some
occurrences of a single publication are rather straight forward...
Client perspective is the primary concern for legal work valuation. Quite simply such work must serve the client's interests or it does not possess any value. The degree to which it does serve those interests will determine how valuable it is. Therefore...
Corporate law departments must develop a complete understanding of how the law-related matters entrusted to them create or deliver value to the business operations and that they develop a language and metrics by which they can communicate that information...
In the Matter of Dave & Buster's, Inc., FTC File No. 082 3153 (March 25, 2010), the Federal
Trade Commission (FTC) has accepted a consent agreement from Dave &
Buster's, Inc. relating to alleged inadequate information security practices...
opinion and dissent in Tam Travel v. Delta Airlines encapsulate a divergence of
opinion that has emerged over the application of Twombly. Comparing the
majority's and dissent's analysis in Tam Travel suggests that the difference of...
Important holdings by the Supreme Court of
Virginia in Helton v. Phillip A. Glick Plumbing, Inc. ,
277 Va. 352 (Va. 2009) and Johnston v. First Union Nat'l Bank , 271
Va. 239 (Va. 2006) clarify the principle of accord and satisfaction under Virginia...
in-house lawyers retain outside counsel on behalf of their companies for what
they anticipate might be a long-term relationship, they often use a retention
letter or agreement. Those documents typically do not address many aspects of
Stephen Ornstein, Matthew Yoon, and John Holahan of SNR Denton
In December 2009, the Federal Reserve Board and the FTC jointly issued final rules to implement the provisions of section 311 of the Fair and Accurate Transactions Act of 2003 ("FACTA"...