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Inside Counsel

U.S. employers adjust to current economy, identify concerns, new study says

As employers begin to adjust to the current state of the economy, they have some pretty big concernsparticularly healthcare reform and immigration, according to a recent study released by Littler Mendelson.
6 minute read

Inside Counsel

Regulatory: Investigating potential bribery means looking beyond the FCPA

Compliance professionals, internal counsel and external counsel face a daunting and increasingly complex landscape when they hear the initial report of potential corruption stemming from their international operations.
4 minute read

Inside Counsel

FDA rule would allow generic drugmakers to update labels

The Food and Drug Administration (FDA) plans to issue a new rule that will allow generic drugmakers to make changes to their drugs labeling.
4 minute read

International Edition

Waiting for the tide – will the expected flood of financial crisis negligence claims ever surface?

In the wake of the global credit crisis of 2007 and 2008, there was an expectation among some lawyers that a 'tsunami' of professional negligence work was bound to follow. Their hope was based on the theory that during boom times, companies make more use of professional advice to secure property deals, plan construction projects, and launch mergers and acquisitions, while claims for negligence become far less common. But when the economy flatlines and companies and individuals see the value of portfolios nose dive – thanks to falling or stagnating property prices and market values – they 'reappraise' the quality of that expert advice and seek to claw back their money in the courts.
11 minute read

International Edition

On dangerous ground – negligence cases against lawyers have fallen, but the sums being claimed are soaring

It remains the case that, following a peak in 2009, the number of claims against solicitors has generally decreased. It has been widely reported that the most marked increase has come from lender litigation. Residential claims are now tailing off to a degree, although commercial property claims continue to come through. Opinions are divided about whether the worst of the lender claims are now over. If interest rates rise (perhaps unlikely while economic troubles continue) we may see something of a resurgence. For larger firms the trend is towards fewer claims, but of markedly increased severity in terms of amounts claimed. This is because the downturn followed a boom period where there were many complex high-value transactions. A significant development has been this April's introduction of the Jackson reforms to litigation procedure and costs, which end the recoverability by a winning party of a success fee under a conditional fee agreement (CFA) or an after-the-event (ATE) insurance premium.
5 minute read

Inside Counsel

Regulatory: The dos and don’ts of corporate internal investigations—Part 5

In previous articles in our series of a Dozen dos and donts of corporate internal investigations, we discussed the importance of taking a measured approach to each internal investigation.
6 minute read

Inside Counsel

Regulatory: Avoiding willful blindness allegations

During the Watergate hearings, Senator Howard H. Baker Jr. famously asked, "What did the President know, and when did he know it?"
8 minute read

Inside Counsel

Attorneys general join DOJ probe into US Airways-American Airlines merger

Texas is leading an effort among 19 attorneys general to join the Department of Justice (DOJ) in its investigation into American Airlines Inc. merger with US Airways Group Inc.
2 minute read

Inside Counsel

Labor: Collective bargaining and the Affordable Care Act

Employers and unions alike are scrambling to come to terms with the Affordable Care Act (ACA), which establishes new rules for employment-related health coverage.
5 minute read

Corporate Counsel

Roundup: 3rd, 11th, D.C. and Federal Circuits

3rd CircuitDelaware, New Jersey, PennsylvaniaSupreme Court’s employee test has broader reachIn a precedential decision on April 29, the 3rd Circuit…
4 minute read

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