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Disclosing ‘Trends’ in Securities Offerings: Lessons From ‘Facebook’

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.

‘Daubert’ Challenges at the Class Certification Stage: Another Hurdle

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.

The Not So ‘Common’ Interest Privilege Applied to M&A Deals

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.

Avoiding Attorney Fee Claim Litigation

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.