BLT: July 2014

 

Articles

Business & Corporate

Understanding and Mitigating the Risks Involved When Stockholder Books and Records Actions Are Asserted Outside of Delaware

Stockholder books and records actions under Delaware law that are asserted in federal and state courts outside of Delaware often pose certain risks to litigants that can decrease the efficiency and increase the cost of resolving such actions. This article explores some of those risks and suggests reasons why litigants may wish to choose to litigate such actions in Delaware from the beginning.

Departments

Business & Corporate

KEEPING CURRENT: Halliburton Ruling: High Court Affirms Basic v. Levinson and Confirms Defendants May Rebut Reliance Presumption by Showing Absence of Price Impact

The Supreme Court’s June 23, 2014, decision in Halliburton Co. v. Erica P. John Fund, Inc., involved a request that the Court overrule a landmark precedent from 25 years ago that enabled federal securities claims to be pursued as a class actions, and launched the multi-billion dollar securities class action industry.

Business & Corporate

KEEPING CURRENT: EEOC v. Boh Brothers: Conservative Fifth Circuit Endorses Gender Stereotyping Theory in Same-Sex Title VII Sex Discrimination Cases

In September 2013, in EEOC v. Boh Bros. Construction Co., the en banc Fifth Circuit Court of Appeals held that same-sex sexual harassment in the workplace that is based on gender stereotyping is barred by Title VII of the 1964 Civil Rights Act. By virtue of this ruling by this conservative court, this is now the law in virtually every circuit.

Business & Corporate

TRAINING FOR TOMORROW: The Court of Public Opinion: Best Practices for Attorneys in High-Profile or Crisis Situations

Most business lawyers are familiar with the ground rules for managing legal crises in a court of law, but the stakes can be just as high when dealing with a crisis in the court of public opinion. This article explores the importance of a well-conceived crisis plan, the range of non-legal issues that must be navigated by the legal team when dealing with a high-profile crisis, and the central role of the general counsel in managing the competing agenda of various stakeholders in order to build a team that effectively addresses the various aspects of a crisis.