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July 09, 2010 |

Plaintiffs Lawyers Hope to Win on Rating Game

Joe Tabacco convinced a San Francisco judge that Moody's and other credit-rating agencies can't rely on their First Amendment defense in a suit accusing them of profiting by misleading investors.
8 minute read
February 28, 2013 |

Insider's New Investment Subject to Market Competition Test

In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball analyzes a Seventh Circuit decision from earlier this month mandating that insider-investors under a Chapter 11 plan poised to gain control of the reorganized debtor must be subject to the same competitive bidding requirements applicable to the old "out of the money" equity, clearly rejecting the argument that the debtors' exclusive right to propose a plan gave the debtor an unfettered right to choose which new investment to accept.
11 minute read
April 29, 2008 |

Could Constitutional Flaw Undo Years of Patent Board Rulings?

The U.S. Patent and Trademark Office may have a major problem on its hands - the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges.
5 minute read
August 06, 2004 |

Legal Mal Merit Certificates Must Be Independent

Insisting on independent certificates of merit in legal malpractice cases, a Superior Court panel has ruled that verifications from plaintiffs' attorneys are unsatisfactory substitutes for certificates of merit from appropriate licensed professionals.
5 minute read
March 30, 2012 |

Ex-Locke Lord Partner's Tale Shows Toll That Thinning of Large Firm Ranks Can Take

For 34 years, Lord Bissell & Brook was David McLauchlan's professional home, and he earned a good living there. As a senior litigator and onetime executive committee member, McLauchlan earned half-a-million dollars a year at his peak with the firm. Things began to change for McLauchlan in 2007 when Lord Bissell combined with Texas' Locke Liddell & Sapp. A year later he was gone. McLauchlan's problems, it turned out, were only beginning.
3 minute read
January 23, 2006 |

Immigration Law

Michael D. Patrick, a partner at Fragomen, Del Rey, Bernsen & Loewy, writes that while a number of measures have been proposed in both the House and Senate to provide relief to U.S. businesses and foreign workers that have been harmed by employment-based visa backlogs, these reforms are overshadowed by proposals to shore up national security and keep "illegals" out.
13 minute read
November 03, 2008 |

The Dual Provider Approach to Outsourcing

Under the dual provider approach to outsourcing, the customer splits the volume of outsourcing services between the existing vendor and either a second vendor or an in-house source. W. Carter Santos, an outsourcing transaction counsel, discusses the primary benefits of this method.
6 minute read
May 14, 2008 |

Spring-Loading Options

Three Delaware opinions confirm that the controversial practice of spring-loading options -- the granting of options just prior to the release of favorable company information -- may give rise to a breach of fiduciary duty claim. The decisions reveal the analytical framework that courts will likely use when deciding future claims. These early signals should be heeded by in-house counsel dealing with changes to equity-based executive compensation plans, say attorneys Thomas J. Quigley and Steven S. Flores.
12 minute read
June 23, 2008 |

Man in the Middle

It doesn't seem accurate anymore to refer to a liberal and a conservative wing of the U.S. Supreme Court. The court as a whole has steadily been growing more conservative. In the absence of a Brennan, Douglas or Thurgood Marshall, maybe it would be better
6 minute read
October 13, 2011 |

Growing income gap may leave U.S. vulnerable

A widening gap between rich and poor is reshaping the U.S. economy, leaving it more vulnerable to recurring financial crises and less likely to generate enduring expansions.
9 minute read

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