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Civil Litigation
Can College Loans Be Required In a Marital Settlement Agreement?
During a divorce, many topics are covered in the Marital Settlement Agreement, and many more when the divorcing couple have children together. This can include child support as well as
Morrison v. Berry – Delaware Supreme Court Rules On Disclosure of the Reasons Behind a Corporate Board Action For Which Business Judgment Deference is Sought
It’s certainly been interesting to watch the last several years of opinions from the Delaware Supreme Court. A July 2018 opinion adds to the list of interesting opinions because it
NC Business Court On Changing A Witness’ Deposition Testimony
It is one of the most frustrating things you can have happen after concluding a successful deposition. The witness backtracks on all the substantive admissions she has made during her
Judge Koeltl Allows DNC to Serve Wikileaks by Twitter
Last week, via a memo endorsement, Judge Koeltl granted the Democratic National Committee’s motion to serve Wikileaks by Twitter in the DNC’s case over the 2016 election hacks (see
Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority
In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market
In Federal Court, When Is An Affidavit A Declaration Even if Not Notarized?
Time and again, litigators experience hassles with a witness obtaining notarization of a signature. That sometimes leads to submission of affidavits that are technically not proper, and related angst. But
Corporate & Commercial
Automotive Companies Impacted by Expanded Section 301 Tariffs Given Possibility of Product-Specific Exclusions
Introduction
The latest announcement of new Section 301 tariffs on imports from China contained an unwelcome surprise for the U.S. automotive sector. In addition to the announcement of a potential
Debt Portability Can Deliver a Better Exit Valuation — Will US Practice Increase Debt Portability in Europe?
By Dennis Lamont, Charles Armstrong, Jennifer Cadet, Howard Sobel, and Scott Ollivierre
Debt portability provisions — reasonably common in high yield lending but historically rare in
Ninth Circuit Decries Consideration of Extraneous Matter, Reverses Securities Suit Dismissal
The motion to dismiss phase is a critical stage in the life cycle of a securities class action lawsuit. If a case survives the dismissal motion, it likely will move
Stuck in the Middle With You: EU Blocking Statutes, Iran Sanctions, and the Thousands of Businesses Caught In Between
Imagine telling your company’s Board of Directors that the company will have to knowingly violate the law. Further, you might note, the American Law Institute’s Principles of Corporate Governance state
ICYMI: 5 Things Every GC Should Know about their IT Environment
If you missed our eDiscovery Solutions team’s presentations last year in St. Louis and Kansas City—Five Things Every GC Should Know about their IT Environment—fear not, we have the recap
What Business Owners Should Know About Massachusetts’ New Non-Compete Law
On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a piece of legislation entitled “An Act Relative to Economic Development in the Commonwealth.” This new legislation brings long-awaited
Employment & Labor
Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale
It is vital for employers to remember that when non-exempt employees earn commissions, those commissions must be included in the computation of their regular rate when they work overtime. The
Free Speech Rights at Private Colleges and Universities
The post was authored by David Urban.
Controversies over free speech, disruptive protests, sharp debates among faculty, withdrawal of invitations to controversial speakers, and interference with rights of expression
A Morrison & Foerster/Socially Aware Data Protection Masterclass Webinar
Just over a month after the EU General Data Protection Regulation (GDPR) took effect, California passed its own sweeping privacy legislation, the California Consumer Privacy Act of 2018.
The Act
Another Cannabis Update
This post is a quick update to our past posts on the legalization of cannabis. You can see everything we have written about the legalization of cannabis and how to
Masculinity and Misogyny and Harassment, Oh My!
Beyonce, as usual, is making headlines with her September issue of Vogue and a candid interview with her thoughts on all sorts of topics, including, the legacy she wants to
Supreme Court Rules Dashcam Videos Not Subject to Public Disclosure In Most Circumstances
As reported by NJ.com, the New Jersey Supreme Court issued a ruling wherein video of New Jersey Police Officers chasing down and arresting suspects will not be turned over