Phantom Stock Plans for Private, Closely-held Companies

Feb 13, 2017 By: Dan Hogans

Top performers who believe in a company’s future often want to be compensated with equity.  But owners of closely-held businesses may be

Cupid’s Arrow Doesn’t Have to Sting: Sensible Approaches to Workplace Romance

Jan 27, 2017 By: Kate Bally

With Valentine’s Day approaching, now is a good time to consider the potential risks associated with workplace romances.  These relationships can expose

The virtues of investigating your judge and opposing counsel

Dec 28, 2016 By: Jeremy Byellin

To best prepare for trial, attorneys should familiarize themselves with their opposing counsel and judge as individuals.

Best practices for launching law firm diversity programs

Dec 19, 2016 By: Alan Gutterman

Diversity has been a major issue for larger law firms in recent years and it is now standard for those firms to have formal diversity programs.

Products Liability and the Self-Driving Car: Supplier Liability for Defective Electronics or Software in the Autonomous Vehicle

Nov 25, 2016 By: Paul D. Rheingold

Mass tort litigation for the self-driving car may come about if there was a malfunction in the electronics or software of vehicle, causing injury.

Using International Business Plans to Chart a Smooth Voyage to Going Global

Nov 23, 2016 By: Alan Gutterman

While companies are often heavily involved in a specific transaction or activity involving a foreign partner or assets and resources located outside of the US, it is always important to remember that the goals and objectives of the transaction or activity should be consistent with the company’s overall international business plan and strategy.

Revising California’s Jury Instructions on Bad Faith Failure to Settle: Should a Settlement Demand Be Necessary?

Nov 3, 2016 By: John K. DiMugno

This post explores whether CACI No. 2334’s requirement of a formal settlement demand should be abandoned.

Does the establishment of an MDL invite the filing of cases with marginal merit?

Nov 2, 2016 By: Paul D. Rheingold

For defendants who often claim that cases of little or no merit are filed once an MDL for a mass tort has been set up, they now have something to cite: the September decision by Chief Judge Clay Land in the transvaginal mesh litigation.

Revising California’s Jury Instructions on Bad Faith Failure to Settle: Does Focusing on the Reasonableness of the Insurer’s Decision Raise the Specter of Summary Judgment in Bad Faith Failure to Settle Cases?

Nov 1, 2016 By: John K. DiMugno

This post examines whether making unreasonable insurer conduct an element of a bad faith failure to settle claim affects the ability of insurers to dispose of such claims on summary judgment before trial.

Revising California’s Jury Instructions on Bad Faith Failure to Settle: Should There Be a Second Reasonableness Inquiry?

Oct 27, 2016 By: John K. DiMugno

This post argues that focusing exclusively on the reasonableness of the claimant’s settlement demand effectively makes bad faith failure to settle a strict liability tort in violation of California law.

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