The National Law Journal

November 07, 2005 | National Law Journal

Two decisions of the Delaware Court of Chancery offer the M&A practitioner considerable guidance as to how a court is likely to interpret material adverse effect. MAE closing conditions should be used with some caution, particularly when a party is concerned with a specific, identified risk.

By William R. KuceraSpecial to The National Law Journal

12 minute read

April 27, 2009 | National Law Journal

Whether partners or shareholders in professional firms are employees or employers for purposes of the anti-discrimination laws remains an open issue. During the present financial crisis, when law firm "right-sizing" has led to numerous partner departures, the issue has taken on increasing practical importance.

By Mike Delikat and John D. Giansello / Special to The National Law Journal

12 minute read

May 03, 2004 | National Law Journal

As the federal government and the states consider valid marriages or other unions between same-sex partners, they must also ask which, if any, marital benefits should be afforded those couples. Among the rights at stake is the marital-communications evidentiary privilege that protects confidential communications made between spouses.

By Kyhm PenfilSpecial to The National Law Journal

5 minute read

March 14, 2005 | National Law Journal

Newspaper reporters and editors ought to stop hectoring Chief Justice William H. Rehnquist for not satisfying their exaggerated demands for every last detail about his cancer treatment. People should afford him some privacy, dignity and respect, even if he is the chief justice of the United States.

By Thomas E. Baker Special to The National Law Journal

5 minute read

April 28, 2008 | National Law Journal

A bit of legal history was made in South Korea in February when the nation had its first jury trial. Many countries like South Korea have no common law tradition or experience with juries. Instead, they rely entirely on judges to determine an individual's guilt or innocence. But suddenly more countries in Asia are considering greater lay participation in criminal trials, spurred largely by the end of the Cold War and the growing influence of the United States.

By Thaddeus Hoffmeister / Special to The National Law Journal

5 minute read

August 23, 2004 | National Law Journal

The old adage that too many cooks spoil the soup can be true at federal agencies too. At least that is the case at the FCC, where a ruling body of five top decision-makers takes too long to make high-level decisions. It�s time to overhaul the organization of the FCC.

By Randolph J. MaySpecial to The National Law Journal

5 minute read

October 04, 2004 | National Law Journal

Michael J. Aguirre could be described as San Diego's ultimate legal outsider: He's sued the city at least four times in the last 16 years. But come November, Aguirre has a good shot at becoming the city's ultimate insider: its city attorney.

By Marty GrahamSpecial to The National Law Journal

4 minute read

April 13, 2009 | National Law Journal

Changes to the global landscape during the next two decades are expected to drive a new generation of disputes. Climate change and unprecedented pressure on world resources — including carbon-based energy sources, minerals, food and water — will be among the key structural drivers. At the same time, the global financial crisis and the rise of state capitalism seem set to provide the catalyst for further financial and economic conflicts. This new generation of disputes will call for a sophisticated range of dispute resolution mechanisms and may challenge existing structures.

By Ian Meredith, Laura Atherton and Marcus M. Birch / Special to the National Law Journal

10 minute read

January 16, 2006 | National Law Journal

When harassment training offers a little something for everyone, isn't it churlish to complain? Not exactly. Recent experience with California's new state law requiring harassment training for supervisors raises legitimate grounds for concern.

By Deborah L. RhodeSpecial to The National Law Journal

4 minute read

October 25, 2004 | National Law Journal

Just two weeks ago, Yaser Hamdi was released from a military brig after three years of detention, during most of which he did not see a lawyer; he promptly flew to Saudi Arabia and renounced his American citizenship. The long saga of Hamdi, the intervention of the U.S. Supreme Court and the abrupt decision of the U.S. government to release him rather than try him on charges leaves many lingering and disturbing questions.

By Carl W. Tobias Special to The National Law Journal

5 minute read