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March 20, 2013 | Delaware Business Court Insider

Chancery Mulls Receiver for Solvent Corporation

In an unusual move, the Delaware Court of Chancery has permitted a lawsuit seeking the appointment of a receiver for a solvent corporation, holding that the plaintiff's allegations of fraud and gross mismanagement are sufficient to state a claim that could eventually lead to the appointment of a custodian. Typically, the Chancery Court will only appoint a receiver for a solvent company after it has adjudicated breach of fiduciary duty claims.
4 minute read
February 18, 2009 | Corporate Counsel

How a Few Radical Employment Law Changes Will Create Lots of Work for Attorneys

Make no mistake, it just got tougher to be an employer. Take it from the expert, Charles S. Caulkins, an attorney at Fisher & Phillips who has spent 30 years representing employers in labor and employment matters. His doom-and-gloom philosophy rests on several factors: the economy; a new, pro-union/employee-friendly president; and several legislative proposals. Caulkins examines all these anticipated changes, what they mean for employers and how lawyers can stay afloat in these murky waters of change.
8 minute read
August 31, 2010 | The Legal Intelligencer

Pre-Complaint Investigations Crucial to Pleading Plausible Securities Claims

This article summarizes relevant precedent and rules applicable to securities fraud pleading practice under the Private Securities Litigation Reform Act of 1995 (PSLRA) and, using a case study, demonstrates the value of a thorough pre-complaint investigation. A good investigation can make the case before your securities fraud complaint hits the docket.
9 minute read
May 08, 2013 | The Legal Intelligencer

'Inexcusable and Offensive' Behavior Not Harassing as a Matter of Law

Three female sales representatives working for the same manager at Eli Lilly & Co. brought suit against the company for sexual harassment and other types of discrimination.
7 minute read
January 07, 2011 | The Legal Intelligencer

Communication With Inactive Lawyer Privileged, Court Says

Gucci's communications to and from its in-house lawyer are protected by the attorney-client privilege even though the lawyer was an inactive member of the California bar, a federal judge has ruled.
4 minute read
January 07, 2005 | Law.com

Court Cites False 'Law & Order' Testimony in Overturning Yates Conviction

Citing the effect of false testimony by an expert witness for the prosecution, Houston's 1st Court of Appeals on Thursday overturned Andrea P. Yates' 2002 murder conviction and ordered a new trial for the mentally unstable woman who drowned her five children in a bathtub. The witness had testified that an episode of "Law & Order" -- about a woman with postpartum depression who drowned her children and was found insane -- aired before the crime. No such episode was ever shown.
4 minute read
June 12, 2008 | National Law Journal

Supreme Court Says Gitmo Detainees Have Rights to Challenge Detentions

The Supreme Court on Thursday rejected the latest effort by the Bush administration and Congress to deny Guantánamo detainees the right to appeal their imprisonment in U.S. courts.
6 minute read
June 03, 2013 | New York Law Journal

Circuit Revives Suit Against Oprah Over Slogan Trademark

Oprah Winfrey has not shown that her use of the "Own Your Power" mark constitutes a fair use defense to trademark infringement, the Second Circuit has ruled, reversing a lower court and reinstating the Lanham Act claim of the owner of motivational services company Own Your Power Communications Inc.
6 minute read
October 04, 2004 | National Law Journal

Exploring Mali and Its Wonders

Unlike other African countries, which can be too dangerous for the neophyte traveler, Mali is safe, hospitable, and avowedly democratic, one of the only Islamic democracies in the world.
12 minute read
February 13, 2009 | New Jersey Law Journal

Inadmissible

Short takes on lawyers, firms and judges.
5 minute read

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