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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.

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Question: On April 13, 2010, Maryland became the first state to recognize benefit corporations (or B-corps, as they are colloquially known) with the adoption of the Maryland Benefit Corporation Act (Maryland Corporations and Associations Article §§ 5-6C-01 through -08). The Maryland Benefit Corporation Act was sponsored by a member of the American Bar Association. Can you name him?

Please see Inside Business Law for the answer to this month’s Business Law Section Trivia Question.

The August issue of BLT will focus on an important issue in business law practice: diversity. Other feature articles focus on an array of topics: the Yates Memo, protecting your brand in a complicated Internet landscape, and immigration law compliance. This BLT issue contains much more business law content—don’t miss it!

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.

Saratoga Institute on Equine, Racing and Gaming Law
August 9-10, 2016
Saratoga Springs, NY

Business Law Section Annual Meeting – Last chance to save $100. Register by July 22!
September 8-10, 2016
Boston, MA

Miscellaneous IT Related Legal News (MIRLN) 29 May - 25 June 2016 (v19.09)

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.