BLT: September/October 2009

Our Mini-Theme: Corporate & Business Litigation

Feature Articles

Our Mini-Theme: Corporate & Business Litigation

The author introduces the articles that comprise this month’s mini-theme by equating practicing business law in the courtroom to learning how to practice sandbox etiquette.

The author summarizes recent articles and reports of interest to business lawyers. This month the author summarizes articles and reports on the following topics: cursing in the workplace, increased applications for the JAG Corps, the unintended consequences that law firms’ practice of deferring first-year associates by temporarily placing them in public service jobs is having on the public services sector as a whole, the University of Detroit Mercy School of Law’s legal clinic on wheels, the growth of the video game industry, and the increased use of mediation in commercial cases

The authors review the Delaware Chancery Court’s recent decision in In re Citigroup Inc. Shareholder Derivative Litigation in which the court upheld a claim brought derivatively for waste based on a $68 million retirement package for an outgoing CEO. The authors also review earlier “waste” decisions from Delaware courts and offer suggestions for how companies can protect themselves from similar lawsuits in the future.

The author reviews the 2009 U.S. Court of Appeals for the Federal Circuit’s ruling in Tafas v. Doll addressing the ability of the U.S. Patent and Trademark Office (USPTO) to implement several of its Final Rules changing patent prosecution practice. The Final Rules affected continued examination filings, patent applications containing patentably indistinct claims, and requests for continued examination (RCEs) of claims in patent applications.

A book review of A Review of Executive Compensation for Emerging Growth Companies, Third Edition, by P Garth Gartrell Steven B Lapidus.



Nominations Sought for Section Leadership Positions

Do you know anyone who has what it takes to be a good Section leader? The Nominating Committee of the Section needs your recommendations for leadership positions for the 2017-2018 association year. Nominees will be selected for: Chair-elect (who automatically assumes the position of chair the following year); Secretary (who automatically assumes the position of vice chair the following year); Content Officer; two Section Delegates to the ABA House of Delegates; and five additional Council members for a four-year term expiring in 2021. The Nominating Committee will take into account the following principles in making its selections. It will: select nominees who have been substantial and active contributors to the Section; seek geographic diversity in the leadership of the Section; strive for representation from a broad cross-section of the areas of law represented in the Section; and seek to draw leaders from a broad cross-section of the various sectors of practice, including corporate law departments, government, academia and private law firms; and actively recruit nominees that reflect the diversity of the Section. Please send your nominations by email to susan.tobias@americanbar.org no later than November 18.

Question: Between November 2, 2015 and November 4, 2015, Harris Poll conducted an online survey of 2,017 adults ages 18 and older on behalf of NerdWallet, Inc. to understand U.S. consumers’ credit card payment habits and feelings around different types of debt. The results of this study were published in the 2015 American Household Credit Card Debt Study. According to the 2015 American Household Credit Card Debt Study, what percentage of U.S. adults would be more embarrassed to tell others about credit card debt than any other type of debt?
A. 10%
B. 35%
C. 55%
D. 90%

Question: From the late 1600s to the early 1800s, “debtors’ prisons” were commonplace with many cities and states operating brick-and-mortar detention facilities that were designed for incarcerating individuals who were unable or unwilling to pay their debts. Imprisonment for indebtedness was so commonplace that two signatories of the Declaration of Independence were jailed for failure to pay their debts. Can you name those two signatories?

The November issue of Business Law Today will focus on Nonprofits. Articles will range from the “Delaware Advantage” to nonprofit organizations needing nonprofit lawyers. In addition, other features include keeping pace with disruptive technological change, insurance bad faith recoveries, and constitutional issues in granting Americans a “Right to Dispute.”

Do you have a great idea for a BLT article? Would you like to see more of a featured column? Let us know how we can make Business Law Today the best resource for you and your clients. We welcome any suggestions. Please send us your feedback here.

Business Law Section Fall Meeting
November 18-19, 2016
Washington, DC

Business Law Section Spring Meeting
April 6-8, 2017
New Orleans, LA

Miscellaneous IT Related Legal News (MIRLN) 25 September - 15 October 2016 (v19.14)

BLT is a web-based publication drawing upon the best of the Section's resources, including featured articles and other information from around the Section. Stay informed on the latest business law practice news and information that will benefit you and your clients.