On-Demand Learning

Litigation

Audio Only Web Programs

Released on: Feb. 7, 2013

Taken from the briefing 10b5-1 Trading Plans and Insider Trading Under the Spotlight: Key Issues Companies and Executives Must Consider recorded January, 2013. A recent front page article in the Wall Street Journal entitled “Executives’ Good Luck in Trading Own Stock” reported that, based on the review of thousands of trades by corporate insiders, many executives appear to have done suspiciously well buying and selling their companies’ ...

Released on: May. 22, 2013

Taken from the briefing Kiobel v. Royal Dutch Petroleum Co.: Supreme Court Sets New Limits on Extraterritorial Human Rights Suits recorded May, 2013.On April 17, 2013, the Supreme Court held in Kiobel v. Royal Dutch Petroleum Co. that the Alien Tort Statute (ATS), which allows suits in federal courts for violations of international law (including international human rights law), is subject to the presumption against extraterritoriality. Chief Justice ...

Released on: May. 21, 2013

Taken from the briefing Sierra Club v. EPA: Clean Air Act Permitting Becomes Even More Complicated and Onerous recorded May, 2013.On January 22, 2013, the court in Sierra Club v. EPA, No. 10-1413 (D.C. Cir. Jan. 22, 2013) issued a decision with far reaching implications for sources seeking a Clean Air Act permit under the Prevention of Significant Deterioration (PSD) program. The decision addressed two screening tools – Significant Impact Levels (SILs) ...

Released on: Mar. 19, 2013

Taken from the briefing ADA and Mental Disorders: Employee Threats and Violence, Employer Assessments and Accommodations recorded March, 2013. Threats of physical harm in the workplace may arise in a variety of ways, none benign. They range from bullying behavior to blatant homicidal and suicidal statements. Typically, employers must contend with a threatening and aggressive employee while under considerable pressure to take action quickly. Employers ...

Released on: Aug. 6, 2013

Taken from the briefing American Express v. Italian Colors: Supreme Court Says Basta! to Plaintiffs Seeking to Dodge Arbitration Agreements 2013 recorded July, 2013.On June 20, 2013, the Supreme Court of the United States re-visited the question of the extent to which a party to an otherwise enforceable arbitration agreement could wriggle free from the arbitrability requirement. The decision – American Express Co. v. Italian Colors Restaurant – builds ...

Released on: Apr. 3, 2013

Taken from the briefing Defending Corporations and Executives in Congressional Investigations 2013 recorded March, 2013. Congressional investigations, in which corporate executives are called to account by Congress in televised hearings, have long been a fixture of American politics. And they often exact a steep price for individual corporate executives and the companies they represent. Yet few corporations are as prepared to handle congressional ...

Released on: Dec. 12, 2012

Taken from the briefing Doing Business in the Middle East 2012 recorded November, 2012. The Middle East has been a cross roads between the East and West for thousands of years. Despite its turbulent politics, it continues to be a place of opportunity, which is predicted to outperform Europe and the US in the near term. This Briefing will provide a general introduction to doing business in the Middle East, review its legal system, and discuss ...

Released on: Apr. 30, 2013

Taken from the briefing Drafting New York Choice of Law and Choice of Court Clauses in International Commercial Transactions: An Update After IRB v. Inepar recorded April, 2013.Parties engaged in international business transactions often consider choosing New York law to govern their agreements and New York courts to hear any disputes arising out of the transaction. In its recent decision in IRB v. Inepar, New York’s highest court made it clear that ...

Released on: Apr. 5, 2013

Taken from the briefing Email and the End of Privacy as We Know It: How to Protect the Privilege for Electronic Communications Actions recorded March, 2013. The increasing use of email to replace written correspondence, memos, and even phone calls raises questions about attorney-client confidentiality, particularly where clients choose to send emails from public venues or their place of employment. Attorneys and clients alike must be aware of potential ...

Released on: Mar. 13, 2013

Taken from the briefing ERISA Controlled Group Liability for Private Equity Funds: Fully Covered or Over Exposed? recorded February, 2013. The presentation will focus on the court and administrative decisions addressing whether ERISA's controlled group liability provisions expose investment fund assets (including minority investments) to the pension plan liabilities of distressed portfolio companies. Lecture Topics [Total Time: 01:02:55]  ...

Released on: Dec. 20, 2012

Taken from the briefing Fashion Law - The Global Challenge recorded December, 2012. The fashion and retail industries face significant and distinctive challenges.  These companies operate in a global marketplace characterized by shifting consumer preferences, rapid technological advances and omnichannel purchasing options.  This program will discuss the dominant trends in the fashion and retail industries and how those trends shape ...

Released on: Aug. 8, 2013

Taken from the briefing Fracking: Drilling Down on the Latest Regulatory, Research and Litigation Developments 2013 recorded July, 2013.Viewed by many as the key to our nation’s energy independence, expanded hydraulic fracturing (“fracking”) in the United States has raised concerns from some about potentially adverse environmental, health, and safety impacts. These concerns have generated a considerable amount of publicity and media coverage ...

Released on: Jul. 24, 2013

Taken from the briefing Hotel Management Agreements: The Owner - Operator Relationship recorded June, 2013.Balancing the economic and legal interests of hotel owners and hotel operators in the best of economic times is challenging. Striking the right balance has become even more challenging in the choppy global economic environment of recent years. Consequently, negotiations of long-term hotel management agreements have become more complex as stakeholders ...

Released on: Jun. 11, 2013

Taken from the briefing It Says So, Therefore It Is - Supreme Court Holds in McCutchen that Plan Terms Control the Scope of a Reimbursement Claim recorded May, 2013.On April 16, the Supreme Court decided the case of US Airways v. McCutchen. In McCutchen, the Supreme Court considered the question of whether reimbursement provisions in a self-funded employee welfare benefit plan governed by ERISA are required to be enforced as they are written. The ...

Released on: Dec. 3, 2012

Taken from the briefing LIBOR Scandal: Update on Current Litigation and Other Consequences for the Financial Industry (Audio-only) recorded November, 2012. Headlines continue to break as the LIBOR bid-rigging scandal unfolds, with civil suits and criminal charges quickly following.  A wide range of plaintiffs are attempting to bring class action lawsuits against financial industry participants on this issue.  Significant questions ...

Released on: May. 20, 2013

Taken from the briefing Managing Litigation: How Advance Planning Will Best Serve You in Getting Ready for Your Next Trial recorded April, 2013.Litigation in both Federal and State Courts has become increasingly difficult, expensive and challenging due to procedural, economic and “cultural” realities. Whether planning for a jury or court-tried case, technology has changed the “playing field” for trial lawyers and their clients. Experienced litigators ...

Released on: Mar. 14, 2013

Taken from the briefing Mediation and Settlement - Real World Strategies recorded February, 2013. Mediation is an alternative to litigation increasingly demanded by both judges and clients.  Lawyers who are experts in taking depositions or trying cases often find themselves in unfamiliar territory in a mediation or settlement negotiation, where the required skill set is a combination of advocacy, psychology, and poker.  Lecture Topics  ...

Released on: Jan. 28, 2013

Taken from the briefing On-Line Defamation: The Latest Developments and Trends recorded January, 2013. The explosion of social media and on-line review websites has resulted in a dramatic increase in defamation claims by employees, businesses and consumers. This briefing will focus on the latest legal developments and practical approaches to avoid and defend on-line defamation claims. For this new program we have an experienced faculty ...

Released on: Feb. 15, 2013

Taken from the briefing Regulation FD and Social Media in the Wake of the Netflix Investigation: Facebook, Blogging and Beyond recorded February, 2013. The continued surge in the number of people using social media and the many different types of information outlets available for use have put significant pressure on companies' ability to comply with SEC Regulation Fair Disclosure's requirements and restrictions.  Recent news that Netflix, ...

Released on: Apr. 17, 2013

Taken from the briefing Researching Ethical and Legal Issues in Data Privacy & Social Media recorded March, 2013.The use of social media in the legal industry is continually gaining momentum. But there may be ethical pitfalls with its use. This session will alert you to the ethical issues you should be aware of.This briefing, featuring instruction from experts in research strategy and social media, was conceived and created in cooperation with ...

Released on: Dec. 3, 2012

Taken from the briefing Special Litigation Committees: Back in Vogue? recorded November, 2012. Between the fallout from the credit crisis and other financial or ethical misdeeds, corporations are seeing an upswing in shareholder derivative demands - the initial step in the legal process by which shareholders bring lawsuits on behalf of corporations against directors and senior executives.  Shareholder derivative suits are unique ...

Released on: Apr. 23, 2013

Taken from the briefing Special Problems in Representing Foreign Companies in US Criminal Investigations recorded April, 2013.At an accelerating rate, Department of Justice criminal investigations of antitrust, FCPA, money-laundering, financial fraud and other areas focus on foreign companies. A US lawyer representing a foreign company in such an investigation is likely to encounter cultural, institutional and legal disconnects with the US criminal ...

Released on: May. 16, 2013

Taken from the briefing Supreme Court's 2012 Blockbuster Term: Review of Major Cases 2013 May, 2013.This is a blockbuster term in the Supreme Court. There are major cases concerning the Fourth Amendment, about the constitutionality of affirmative action in higher education, the constitutionality of Section 5 of the Voting Rights Act, the right to marriage equality for gays and lesbians, and the ability to sue corporations under the Alien Tort ...

Released on: Jul. 26, 2013

Taken from the briefing Supreme Court's Shelby County and the Future of Voting Rights Enforcement recorded July, 2013.On June 25, 2013, the Supreme Court of the United States issued one of the most significant voting rights opinions in decades: Shelby County, Ala. v. Holder.  The Court considered the constitutionality of Section 5 of the federal Voting Rights Act, which requires certain "covered" jurisdictions to obtain advance permission ("preclearance") ...

Released on: Apr. 8, 2013

Taken from the briefing Supreme Court's Amgen Inc. v. Connecticut Retirement Plans & Trust Funds: Class Certification of Securities Fraud Actions recorded March, 2013. The Supreme Court handed down its decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, on February 27, 2013, and held that plaintiffs asserting claims for violations of Section 10(b) of the Securities Exchange Act of 1934 need not, at the class ...