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|The Second Opinion: When is a Little Knowledge a Dangerous Thing? When it is used to Disqualify In-House Counsel|
Anthony M.C. Alexander; McCarthy Tétrault LLP;
March 12, 2014, previously published on February 28, 2014A powerful tool in the litigation arsenal is the bringing of a motion to remove counsel from a file, either because she possesses disqualifying confidential information or faces a disqualifying conflict of duty. A recent ruling of the Federal Court of Appeal, Valeant Canada LP v. Canada, 2014 FCA...
|Are We Headed Toward “Basic Writ Small”?|
Patricia A. Gorham, Amelia Toy Rudolph, W. Scott Sorrels, Steuart H. Thomsen, Bryan M. Ward; Sutherland Asbill & Brennan LLP;
March 10, 2014, previously published on March 6, 2014The U.S. Supreme Court heard oral argument yesterday in the closely watched Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, which places in the Court’s crosshairs the continued viability of the fraud-on-the-market presumption of reliance first articulated by the Supreme Court in...
|A New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits|
Grant D. Waterkotte; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Los Angeles Business Journal Labor & Employment Supplement on January 2014IT is no secret: California is viewed as perhaps the most employer unfriendly litigation forum in the Union. So
long as California remains the eighth largest economy in the world, there will be no shortage of employers providing the legal system with ample opportunities to demonstrate this.
|Exploring the Severe or Pervasive Requirement in Harassment Claims|
Jennifer Weidinger; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Defense Research Institute For The Defense on Fall 2012While creating a maximal productive environment is the key to preventing future harassment claims, defense counseling frequently begins only after someone files a claim, so your representation often will involve damage control.
|How To Confront A Performance Problem Without Being A “Quiet Herd Cutter”|
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 3, 2014, previously published on February 21, 2014In a previous post, I described the “Quiet Herd Cutter” problem, a term I have used to describe a phenomenon especially prevalent in law firms where employees’ failure to meet expectations results in being quietly excluded from new work. In this story, I present an alternate...
|A Materially Different View on Pre-deal Research Reports in Hong Kong IPOs|
David E. Neuville; Cadwalader, Wickersham & Taft LLP;
February 17, 2014, previously published on February 13, 2014As financial markets globalize, particular markets have increasing opportunities to shape themselves by adopting processes, concepts and regulatory frameworks borrowed from other markets. Given their highly-developed nature, United States capital markets feature many aspects that have been mimicked...
|Ten (10) Critical Events in a Medical Malpractice Case - From Initial Client Interview Through Trial|
Feldstein Grinberg Lang McKee P.C.;
February 14, 2014, previously published by Gary M. Lang on February 12, 2014Typically, the initial contact with a potential medical malpractice client comes via telephone call, either from the potential client or from a referral source.
|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...
|Delaware Supreme Court Holds That a Minority Stockholder Has No Common Law Right to a Conflict-Free Board Decision Regarding the Repurchase of Shares|
Matthew Ardoin, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
February 7, 2014, previously published on January 30, 2014In Blaustein v. Lord Baltimore Capital Corp. , No. 272, 2013, 2014 Del. LEXIS 30 (Del. Jan. 21, 2014), the Delaware Supreme Court held that a closely-held corporation’s directors owe no fiduciary duty to decide, free from conflicts of interest, whether a corporation will repurchase a minority...