Civil Litigation - Page 31
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
-
Scott Fargason maintains that lawyers waste considerable resources. As a lawyer and a CPA in the U.S., he claims that "there is ample opportunity for auditors to dramatically improve the efficiency and effectiveness of in-house and external legal counsel." He has collaborated with The Institute of Internal Auditors (IIA) to produce a development and practice aid for the IIA, as part of its Preferred Practices Framework for Internal Auditing. -
Often entrepreneurs require outside financial assistance in starting their company. When the bank does not come through and friends and family are unable to make the investment, the thought often turns to sophisticated, wealthy investors or "angels" to provide some of the initial funding or "seed capital." -
The most valuable assets to any practice are the lawyers that make up that practice. It sounds basic, but can be easily overlooked and underestimated. Everything you need to be successful is in your reach, but you must reach out to get it. -
Here is a scenario that may be familiar to you. Your Senior Vice President in charge of sales comes into your office and asks for your assistance with a difficult problem she is having. One of her best salespeople, who has been with the company for almost 20 years and consistently is one of your best rainmakers, has been seriously underperforming the last six months or so. Specifically, he has missed meetings, called in sick more often than usual—in particular on Mondays—and has been irritable and rude to employees and clients. The final straw, however, was at a meeting the previous day in which he was acting so erratically and unprofessionally that the client had to ask him to leave its premises. The employee also was visibly intoxicated. -
A Delaware court has held that when buying a company, the buyer's representation about its access during due diligence makes clear that it was entitled to rely on sellers' explicit representations and warranties regardless of anything that occurred during the due diligence phase. -
In December 2002, the SEC proposed changes in the disclosures that mutual funds make in their reports to shareholders. -
Section 504 of the Rehabilitation Act of 1973 prohibits the recipients of federal funding from discriminating against an individual because of a disability. -
On June 20, 2003, the Seventh Circuit issued the most comprehensive opinion to date enjoining named and unnamed class members, and their counsel, from pursuing class certification in any other court based on a prior class certification denial. -
Richard Langan, Business Practice Group Leader at Nixon Peabody LLP, shared his insights on counseling the audit committee with attendees of FindLaw ‚ ’s Corporate Governance seminar in New York. Mr. Langan observed that although corporate governance rule-making in light of Sarbanes-Oxley has taken some time for companies to synthesize, most companies have found that the changes can be incorporated into dayto- day activities at the board and audit committee level. -
In prosecuting or defending a class action in Nebraska state court or when making the determination as to whether or not to remove a class action from Nebraska state court to the federal court, one must take into consideration the vagaries of Nebraska state law regarding class actions.