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Related Stories
Parallel Proceedings: The End of an Error?Business Crimes BulletinThree years ago, two similarly minded district court decisions rocked federal regulatory agencies and the Department of Justice (DOJ) by rejecting longstanding assumptions about the proper conduct of simultaneous civil and criminal investigations, commonly known as “parallel proceedings.” This article analyzes those decisions.
Q&A with Sean Kelly, Franchise BloggerLJN's Franchising Business & Law AlertFranchisees complain about the imbalance of power between themselves and franchisors, especially when franchisor-franchisee relationships go awry. The Web has changed that dynamic significantly by giving franchisees an easy way to voice their complaints widely and anonymously. Sean Kelly is providing one of the most popular forums for franchisees to vent about franchisors — whether fairly or unfairly.
Should Attorneys Have Access to Psychological Test Data?The Matrimonial StrategistJustice is served best when both parties have all the information they need to support their position. Consequently, in the author's opinion, attorneys should be able to review psychological test data. He supports that right for several reasons discussed in the article.
New Foreign Drug Trial Rule ComingMedical Malpractice Law & StrategyA new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries will spark painstaking legal review of pharmaceutical companies’ protocols for trials.
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Headlines
Second Circuit Addresses Collective ScienterThe Second Circuit recently issued an important decision in Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc., which has significant implications for securities class action litigation and the continuing fallout from the crisis in the credit markets. The decision addressed the issue of collective scienter, or whether a corporation can commit securities fraud when none of its individual agents acted with fraudulent intent.
Quarterly State Compliance ReviewThis edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently, including amendments to the corporation laws of Delaware, California, and New York. This edition also includes two recent decisions of interest from the Delaware Chancery Court.
Understanding and Avoiding Preference LiabilityIn today’s challenging economic environment it is a familiar story: After a protracted period of slow pay and then no pay, your customer (or borrower, joint venturer, counter-party, etc.) files a bankruptcy petition, leaving you holding the bag. And that's only the beginning.
Antitrust Limits on Pre-Closing Conduct in Mergers and AcquisitionsIn track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.
Rules of Thumb to Rein in Litigation Costs and Optimize ResultsThis is the fifth and final entry in a series of articles discussing how in-house counsel can better manage litigation matters.
October Issue in PDF Format
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