A Moment of Simple Justice - Vaccines
Polsinelli Podcast - Telephone Consumer Protection Act and Consequences for Corporations
Government’s Health Care Fraud “Cash Cow” Keeps Mooing
Investment Management Update- 2014 Election Impact
Trial by Jury: Why It Matters in a Democratic Society
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
Polsinelli Podcast - Republicans Gain Control of the U.S. Senate - How That May Impact Health Reform
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
Crisis at the Border Shows Problems in US Immigration Law
Are Criminal Laws the Right Response to Revenge Porn?
Why Does BigLaw Have So Few Black Partners?
Aquila on M&A: Dealmaking is Back
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
ATL Law School Rankings: All About The Jobs
What Comes Next in Derivatives Regulation?
A More Perfect Union: Why Punish Russia for Crimea?
Only in DC: Ethics Rule Permits Non-lawyers to Own Law Firms
How a Reluctance to Deport Pop Stars Strengthens US Immigration Policy
Law Prof: The Clean Air Act Needs a Reboot
Is Punishment Dead in America?
There has been considerable interest over the last year about whether a fee-shifting provision in the charter or bylaws of a Delaware corporation is enforceable. On Thursday, June 11, 2015, the Delaware House of...more
Since 2008, the Canadian government has challenged country of origin labelling (COOL) requirements imposed by the United States Department of Agriculture (USDA). On May 18, 2015, the World Trade Organization (WTO) Appellate...more
Last week, the Delaware Senate, in response to a prior Delaware Supreme Court ruling, voted to approve legislation that would prohibit corporations from adopting charter or bylaw provisions that shift a corporation’s legal...more
The Delaware Senate has passed a bill that would amend the Delaware General Corporation Law (DGCL) to prohibit Delaware stock-based companies from adopting bylaws or articles of incorporation that shift legal fees to the...more
Tuesday, the Delaware Senate passed legislation prohibiting publicly-traded corporations from adopting bylaws that force shareholders to pay legal fees if they bring internal corporate claims against the company in court and...more
A century ago, New Jersey was the state in which to incorporate. Long before former Iraqi President popularized the expression “Mother of Battles” (“Um El-Ma’arek“), the famed legal scholar Adolph A. Berle, Jr. bestowed the...more
On February 18 2005, Congress enacted the Class Action Fairness Act (CAFA), P.L. No. 109-2 (28 U.S.C. §§ 1332(d), 1453, and 1711 – 1715). In enacting the CAFA, Congress sought to protect consumers and investors from...more
On April 29, 2015, Senator Bryan Townsend introduced legislation that would amend the Delaware General Corporation Law (DGCL) to ban fee-shifting bylaws for Delaware stock corporations (non-stock corporations would continue...more
Late last week, Senate Bill 75 was introduced in Delaware. This bill is in part a reaction to the Delaware Supreme Court’s holding in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) upholding as facially...more
On April 14, 2015, pending legislation was passed by the Pennsylvania House Judiciary Committee to resolve the current state of flux of confession of judgment provisions and the bill was sent to the Pennsylvania House of...more
Bill n°28 titled An Act mainly to implement certain provisions of the Budget Speech of 4 June 2014 and return to a balanced budget in 2015-2016 (Act) passed on April 20, 2015 and received assent the next day. ...more
Amendment 884 calls into question the validity and enforceability of the choice of law provisions in contracts brought before Alabama courts.
In November of 2014, Alabama voters ratified Amendment 884 to the Alabama...more
Current Delaware law permits a Delaware corporation to adopt a bylaw specifying an exclusive forum other than Delaware to litigate intra-corporate disputes, so long as there is a logical connection between the forum selected...more
The Corporation Law Section of the Delaware State Bar Association has approved, in substantially the form proposed by the Delaware Corporate Council, amendments to the General Corporation Law of the State of Delaware (DGCL)...more
Copyrighting Player-Generated Content in Video Games -
Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more
The Council of the Corporation Law Section of the Delaware State Bar Association recently released proposed amendments to the Delaware General Corporation Law (DGCL) that would prohibit fee-shifting provisions in a...more
In This Issue:
- Key Proposals in Governor Cuomo’s 2015-16 Executive Budget
- ALJ Holds That Online Reservation Receipts Are Not Sourced to New York
- ALJ Rules Taxpayer Is Not Required to Use NOLs in...more
Customs and Border Protection Issues Update on Enforcement of Trade Orders -
U.S. Customs and Border Protection (CBP) released its second AD/CVD Update in late January. As explained in the January 2015 edition of the...more
Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters -
A surcharge on electric utility bills collected by a power company pursuant to a franchise agreement and remitted...more
This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more
On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more...more
The ability of corporations to impose liability on shareholders through bylaws and charter provisions has been the subject of much debate recently. On May 8, 2014, the Supreme Court of Delaware held in ATP Tour, Inc. v....more
The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more
A bill (A-3880/S-444) recently introduced in both houses of the New Jersey legislature would prevent companies and private individuals from exercising their existing contribution rights under New Jersey’s Spill Act to recover...more
As noted in this Reuters post, the Council of Institutional Investors, along with a number of individual pension funds and other institutional investors, have chimed in on the debate currently roiling the Delaware bar over...more
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