Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 7, 2018
In In re Rent-A-Wreck of America, Bankruptcy Judge Laurie Silverstein dismissed voluntarily filed bankruptcy cases on the grounds they were not filed in good faith.
Daily Business Review | Commentary
By Marvin A. Kirsner | March 7, 2018
The Tax Cuts and Jobs Act taken together have many business owners considering converting their business from a pass-through entity to a C corporation in order to take advantage of the 21-percent tax rate for corporations.
The Legal Intelligencer | Commentary
By Kyle R. Bahr and James L. Sanders | March 6, 2018
Businesses in possible criminal violation of the U.S. Foreign Corrupt Practices Act (FCPA) may be inclined to reach for the olive branch that the U.S. Department of Justice (DOJ) recently extended with its new “FCPA Corporate Enforcement Policy.”
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | March 6, 2018
The U.S. Bankruptcy Code provides distressed companies an array of tools to reorganize their business affairs and restructure their debt.
By Lidia Dinkova | March 6, 2018
The deal means Federated National Holding now has two insurance companies, Federated National Insurance and Monarch National Insurance.
Corporate Counsel | Best Practices
By Mike Evers | March 5, 2018
Congratulations! You have just been hired as the new general counsel of Awesome, Inc. You are new to the company, the CEO is excited to have you on her team, and so you are starting the job with a healthy amount of political capital.
The Legal Intelligencer | Commentary
By Carl W. Hittinger and Tyson Y. Herrold | March 2, 2018
When the Supreme Court scrapped Conley v. Gibson's “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some courts frankly misconstrued Twombly and Iqbal to invite a Daubert-style “gate keeper” appraisal of complaints in which judges could (and should) prune claims that, based on their own personal experience with the subject matter at issue, appeared dubious.
Corporate Counsel | Expert Opinion
By Viren Mascarenhas and Kayla Winarsky Green | March 2, 2018
Recently, a landmark United Kingdom case has made it clear that U.K.-based parent companies may be found liable for human rights violations committed by their foreign subsidiaries. Plaintiffs all over the world are filing lawsuits seeking to hold parent companies responsible for the extraterritorial conduct of their subsidiaries.
The Legal Intelligencer | Commentary
By Jonathan D. Klein | March 1, 2018
So often articles related to cybersecurity focus solely on assessment and preparedness against external forces (e.g., cybercriminals, hackers, ransomware, etc.), yet do not convey the full array of protections necessary to ensure complete cyberpreparedness for a busin
The Legal Intelligencer | Commentary
By Edward S. Robson | February 28, 2018
You represent a minority shareholder of a closely held corporation and the company is having an off year. The majority shareholder is the sole member of the board and serves in every officer position.
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