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|Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals|
James Rusk; Sheppard, Mullin, Richter & Hampton LLP;
February 17, 2015, previously published on November 24, 2014The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a possible litigation challenge to federal approvals that Shell received for Arctic oil exploration. After receiving the approvals, but before any suit had been...
|Compliance Through Ethical Attitude|
Kimberli Marie Poppe-Smart; Wroten & Associates, Inc.;
August 6, 2014, previously published on Summer 2014You've got attitude! Your organization's attitude is a critical component of how families, residents, prospective consumers, investors, communities, and oversight agencies perceive you. A nice building, new furniture, and fresh paint will not substitute for a compliant and ethical attitude.
|Courts Clarify Important Limitations on Canadian Corporations' Capacity to Protect Directors Who Are Sued|
Lauren Dalton, Jasmine Samra; Blaney McMurtry LLP;
June 10, 2014, previously published on June 2014People who agree to become directors on the boards of Canadian corporations take on significant risks - for instance, the risk of being sued.
|Disputes Regarding the Statute of Limitation of the Right of Claim under Article 72, Paragraph 1 of the Labor Insurance Act|
Serena Kao; Lee Tsai Partners Attorneys-at-Law;
March 24, 2014Disputes Regarding the Statute of Limitation of the Right of Claim under Article 72, Paragraph 1 of the Labor Insurance Act
|Taking the Fear out of Lawsuits - A Guide for Litigants|
Feldstein Grinberg Lang McKee P.C.;
February 14, 2014, previously published by Gary M. Lang on February 12, 2014A guide for lay people regarding the litigation process.
|Second-Guessing Immunity for Trial Attorneys|
Kelly Dunberg, Blake Sando; Cole, Scott & Kissane, P.A.;
February 12, 2014, previously published on February 3, 2014Legal malpractice lawsuits often focus on the plaintiffs second-guessing the strategic and tactical decisions made by their own counsel in a prior proceeding and claims of damages when such decisions do not result in their favor. To combat the propensity of such lawsuits made on...
|Second Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability|
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
February 7, 2014, previously published on February 4, 2014In Starr International Co. v. Federal Reserve Bank of New York , No. 12-5022-cv, 2014 U.S. App. LEXIS 1770 (2d. Cir. Jan. 29, 2014), the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims against the Federal Reserve Bank of New York (“FRBNY”) for...
|No. 5 - Trends in Wage and Hour Litigation|
Frank Harty; Nyemaster Goode, P.C.;
December 19, 2013, previously published on December 17, 2013As 2014 approaches, we can predict the coming trends in wage and hour litigation. This list of “hot spots” can serve as a shorthand audit checklist to identify potential areas of risk:
|Washington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel|
Hinshaw Culbertson LLP;
November 8, 2013, previously published on November 6, 2013A title insurer filed a legal malpractice action against the law firm it had hired to defend its insured from a claim of lien priority on real property by a construction company. The trial court granted summary judgment in favor of law firm, and the insurer appealed. The Supreme Court of Washington...
|Share Purchase Transactions, Solicitor-Client Privilege and Multiple Representations: A Cautionary Tale for Corporate Counsel|
Codie L. Chisholm, Michael D. Mysak; Bennett Jones LLP;
November 6, 2013, previously published on October 31, 2013An interesting set of questions arises from share purchase transactions regarding the existence of, and parties to, the solicitor-client privilege over the correspondence between the parent, subsidiary and corporate counsel. Solicitor-client communications arise when the parent and corporate...