Follows Model Act and Delaware Code
Read More »SEC Examinations: A Primer for Investment Advisers, Companies
Securities and Exchange Commission examinations are crucial to the agency’s efforts to enforce the federal securities laws. The mere threat of an SEC examination, particularly in the current regulatory climate, provides a strong incentive for investment advisers and investment companies ...
Read More »Defending Against the Pro Se Plaintiff Can Be More Difficult Than Meets the Eye
In an age where self-help books dominate bookstore shelves and attorneys’ fees are at record highs, it is little wonder that pro se plaintiffs are growing in numbers. The proliferation of pro se plaintiffs causes stress upon the court system, ...
Read More »Summary Disposition in Breach of Contract Cases: The Benefits and Risks
Does your company’s standard contract contain an arbitration clause requiring customers to arbitrate any and all claims against you? If so, imagine the following scenario. Your customer serves you with a lawsuit claiming breach of contract. Based on your arbitration ...
Read More »Successful Coaching of Colleagues and Subordinates
Question: I am the manager of a group of attorneys within the legal department in our company. Part of my job responsibilities on which I am evaluated is to be a coach to my people. I played a lot of ...
Read More »Court Says Record More Important Than Dictionaries in Interpreting Patent Claims
Terms used in patents are more important in interpreting their scope than reliance on external sources such as dictionaries, the Federal Circuit Court of Appeals recently ruled in a highly anticipated en banc decision.
Read More »Case Law for In-House Counsel
U.S. Supreme Court Civil Procedure Jurisdiction Okay as Long as One Plaintiff Meets Diversity Minimum A U.S. District Court can exercise supplemental jurisdiction in a diversity class action over unnamed plaintiffs whose claims do not meet the minimum amount-in-controversy requirement ...
Read More »Employers Seek To Shield Themselves From Cupid's Arrow
Skittish about the potential legal fallout, an increasing number of employers are asking amorous workers to sign affidavits declaring that their relationships are consensual.
Read More »Written Decisions Could Change Face Of Securities Arbitration
By Paul D. Boynton Investors or employees involved in disputes with brokerage firms could ask for a written explanation of arbitration decisions under a proposed new rule, which, if approved, could dramatically change how arbitrations are decided in the securities ...
Read More »SOX Whistleblower Gets Reinstatement Despite Rancor
In a closely watched test case of the whistleblower provision of Sarbanes-Oxley, a Department of Labor administrative law judge recently ordered a small Virginia bank to reinstate its former CFO despite claims of a rancorous relationship between the two.
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