Gregg L. Weiner and Israel David of Fried, Frank, Harris, Shriver & Jacobson write: ‘Facebook’ provides some important lessons concerning disclosures of a “trend” identified intra-quarter that has not yet materially affected revenues, sales, or income, but which arguably should be disclosed because such a trend is “reasonably expected” to have a material effect.
Douglas Smith and Joel Blanchet, litigation partners at Kirkland & Ellis, write about the strong trend toward a rigorous analysis of expert opinion testimony of the class certification stage, which is likely to continue in the future.
John J. Calandra and Sandra Saunders of McDermott Will & Emery explore cases that demonstrate the stringent limitations that New York courts place on the common interest privilege when asserted in the context of an M&A deal; review and compare Delaware’s broader approach to the common interest privilege; and examine which state’s common interest privilege rules apply, and how parties may better shield the privilege through carefully drafted merger and sale agreements.
William T. McCaffery, a partner at L’Abbate, Balkan, Colavita & Contini, writes: If an attorney sues a client for a legal fee, the client will invariably assert a counterclaim for legal malpractice. Accordingly, the easiest way for an attorney to avoid a legal malpractice claim is to avoid fee claims against clients.