Ad Hoc Procedure
Pamela Bookman provides a preview of her forthcoming article on the phenomena of ad hoc procedure.
Business Law Practice
Registration-Based Jurisdiction as a Price of Doing Business in Pennsylvania
Chase Howard (LAW ’18) dives into Daimler and its conflict with registration-based jurisdiction in Pennsylvania
Volkswagen and Global Forum Shopping
Professor Pamela Bookman highlights the global impact of the Volkswagen lawsuit on forum shopping
Delaware Supreme Court Establishes Rules Facilitating Dismissal of Board Advisors from M&A Litigation
In recent years, entrepreneurial plaintiffs’ lawyers representing stockholders in litigation challenging mergers and acquisitions have increasingly asserted aiding and abetting claims against financial and other advisors to corporate boards of directors, perceiving the investment banks and law firms that serve in these roles as potential defendants with deep pockets. This trend likely will reverse itself
Lessons Learned from the Staples/Office Depot Merger Challenge
The U.S. District Court for the District of Columbia recently granted the Federal Trade Commission’s (FTC’s) motion to preliminarily enjoin the merger of Staples and Office Depot, the country’s two largest brick-and-mortar retailers and distributors of office supplies.[1] The injunction caused the companies to abandon the merger. Background Interestingly, the FTC’s theory was not based
Race to the Bottom
At the February meeting of the American Bar Association’s House of Delegates in San Diego, which I attended, the delegates adopted a resolution giving states a regulatory framework for allowing non-lawyers to provide certain legal services. Resolution 105, sponsored by the ABA’s Commission on the Future of the Legal Profession, was purportedly aimed at addressing
Learning How Stuff Works (or Doesn’t)
We committed so much time and effort in law school learning to research, analyze, and advocate. We made course outlines, studied the Blue Book citation formats, searched the library for the Shepard’s pocket parts to make sure we cited cases that were not overruled, and lugged the heavy case reporters and digests from shelves to
How Law Firms Purchase Malpractice Insurance and What it Means for the Future of Legal Practice
Insurers have a number of tools at their disposal to change the behavior of their policyholders. This should be relatively unsurprising. Once an insurer indemnifies a policyholder from loss, it is the insurer’s money at risk, not the policyholder’s—if the policyholder suffers a loss, the insurer must pay the cost of the loss. And insurers hate to lose money just like you and me. It is therefore in the insurer’s interest to either demand or encourage policyholders to take more precaution.
SEC Investigations: To Disclose or Not to Disclose-That is the Question
Among the many important decisions a company facing a SEC investigation must make is the decision whether to publicly disclose the existence of the investigation. The decision may depend on the stage of the investigation, what is being investigated, and what is the likelihood of a bad outcome. While the weight of authority suggests that
Why Don’t We Teach Marketing in Law School?
A few months ago an attorney whose business development efforts were lagging said to me, “it’s not like they taught me this in law school.” While he was a good lawyer—and certainly wanted to make partner—he was reluctant to reach out to potential clients to develop business. Like many attorneys, he felt the natural tension