On-Demand Learning

Litigation

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Recorded on: Oct. 26, 2012

Taken from the Web Program Advanced Swaps & Other Derivatives 2012 Recorded October, 2012 in New York Enforcement, Litigation & Insolvency and Resolution Authority: Netting Opinions; Safe Harbors; Orderly Liquidation Part 1 [00:34:05] Review of recent cases of interest to the OTC derivatives market, including flip clauses, multilateral netting, and more Fraud prosecutions (synthetic structures and Rule 10b-5) What the recent ...

Recorded on: Nov. 15, 2012

Taken from the Web Program 44th Annual Institute on Securities Regulation Recorded November, 2012 in New York Enforcement Roundtable [01:33:43] Financial crisis cases - the SEC/DOJ keep charging ahead Hedge funds and private equity - the SEC/DOJ are looking - what are they finding? Insider trading - something old or something new? The crowded enforcement landscape - the SEC/DOJ are joined by international regulators, the courts ...

Recorded on: Feb. 11, 2013

Taken from the Web Program ERISA Fiduciary Investment Basics 2013 NY Recorded February, 2013 in New York ERISA Litigation [01:03:05] What are the basic fiduciary responsibilities in the context of a 401(k) plan How does participant direction of account investment limit this fiduciary responsibility What are the key areas of possible fiduciary liability exposure The purchase price of this segment includes the following article(s) ...

Recorded on: Apr. 10, 2013

Taken from the Web Program Pension Plan Investments 2013: Current Perspectives NY Recorded April, 2013 in New YorkERISA Litigation Review [01:00:34] Current DOL enforcement and litigation issues Summary of case law developments The purchase price of this segment includes the following article(s) from the Course Handbook available online: Fiduciary Litigation Under ERISARobert N. Eccles, Shannon Barrett

Recorded on: Jul. 13, 2012

Taken from the Web Program Class Action Litigation 2012 Recorded July, 2012 in New York Ethics/View from the Bench [00:55:56] What issues are judges seeing in class action cases? How have class certification issues changed litigation? The Supreme Court has ruled recently on several class action issues - what messages are being sent and how are district court judges interpreting them? Waiver of privilege and inadvertent disclosure  ...

Recorded on: Jun. 28, 2012

Taken from the Web Program Expert Witness 2012 Recorded June, 2012 in New York Expert Witnesses at Trial [00:58:52] Preparing your expert to testify at trial Daubert and in limine motions Direct examination of experts Cross examination of experts The purchase price of this segment includes the following article(s) from the Course Handbook available online: Direct Examination of Expert Witnesses Blair G. Connelly

Recorded on: Nov. 15, 2012

Taken from the Web Program Whistleblowers and the False Claims Act 2012: What You Need to Know Recorded November, 2012 in San Francisco FCA Liability: Enforcement Trends and Limiting Exposure [01:18:18] A. Recent FCA Developments: Legal Trends Impacting Corporate Liability [30 min.] Increased Individual Prosecution and Use of Civil Investigative Demands Expansion of "Implied Certification" Theory of Liability Changes ...

Recorded on: Jun. 5, 2012

Taken from the Web Program International Employment Law 2012 Recorded June, 2012 in New York Foreign Companies Doing Business in the U.S.: Special Challenges [00:58:33]   Managing the cultural and legal expectations of multinationals Special defenses and dangers for foreign companies Preparing the foreign executive for litigation Privacy/data protection and US discovery The purchase price of this segment includes ...

Recorded on: Mar. 6, 2013

Taken from the Web Program Trends in Merger Litigation 2013: Corporate, Litigation, and Judicial Perspectives Recorded March, 2013 in San Francisco Forum Selection Provisions and their Impact on Merger Litigation [01:01:10] More than 300 publicly traded entities, including many well-known firms such as Berkshire Hathaway, Chevron, and Fedex, have adopted intra-corporate forum selection provisions. The validity of these provisions is currently ...

Recorded on: Jun. 20, 2012

Taken from the Web Program Delaware Law Developments 2012: What All Business Lawyers Need to Know Recorded June, 2012 in New York He Did What?! He Said What?! Ethical Issues in Representing Representative Clients [01:00:57] This panel will discuss the challenges counsel face when representing or opposing representative clients - What are the ethical obligations of counsel when they learn facts that may undermine a representative plaintiffs’ ...

Recorded on: Jun. 18, 2012

Taken from the Web Program International Litigation 2012 Recorded June, 2012 in New York In-House Counsel's Perspective on Managing Global Litigation [01:00:44] Special considerations Managing global litigation Managing expectations of outside counsel The purchase price of this segment includes the following article(s) from the Course Handbook available online: Management of International Litigation Stephen R. Reynolds

Recorded on: Jun. 4, 2013

Taken from the Web Program Delaware Law Developments 2013: What All Business Lawyers Need to Know Recorded May, 2013 in New YorkJudges Roundtable: Perspectives on Multi-Jurisdictional Practice [01:00:02] How do judges determine which cases go forward where? Do judges talk? What do they say? How are settlements handled? How are attorneys’ fees awarded? The purchase price of this segment includes the following article(s) from the Course Handbook ...

Recorded on: Feb. 28, 2013

Taken from the Web Program The SEC Speaks in 2013 Recorded February, 2013 in Washington Judicial and Legislative Developments [01:01:55] Aiding and abetting the violation of antifraud provisions Brokerage firm liability for sales representatives’ misrepresentations Insider trading liability Statute of limitations for civil penalties Court approval of consent judgments First Amendment challenge to Commission’s ...

Recorded on: Apr. 17, 2013

Taken from the Web Program New York CPLR 2013 Recorded April, 2013 in New YorkJurisdiction, Disclosure, Parties, Motion Practice, Enforcing Judgments [01:31:28] CPLR 301 - General Jurisdiction CPLR 302 - Long Arm Jurisdiction The “Good Faith” rule for disclosure motions Informal disclosure Non-party disclosure Privileges Electronic discovery Depositions Document production Medical records and exams Substitution of parties Intervention ...

Recorded on: Apr. 29, 2013

Taken from the Web Program Enforcement 2013: Perspectives from Government Agencies Recorded April, 2013 in New YorkLegal Issues in the Courts: The Year in Review [01:00:09]The purchase price of this segment includes the following article(s) from the Course Handbook available online: What More Can be Done to Deter Violations of the Federal Securities Laws?, Texas Law Review, Vol. 90, pp. 1849–1889 (2012)David M. Becker

Recorded on: Dec. 18, 2012

Taken from the Web Program Understanding the Securities Laws 2012 Recorded December, 2012 in New York Liability for Securities Law Violations [01:28:04] Securities Act - Sections 11, 12, 15 and 17 - Effect of the JOBS Act - Indemnification and contribution Exchange Act - Section 10 and Rule 10b-5 - Insider trading and selective disclosure “Controlling person” liability International issues The ...

Recorded on: Nov. 7, 2012

Taken from the Web Program Employment Law Institute 2012 Recorded October, 2012 in New York Litigating and Defending Age Discrimination and Retaliation Claims [01:01:06] Age discrimination claims and summary judgment standards New developments in the use of statistics in ADEA litigation Wage and hour retaliation - are informal complaints protected? FMLA and other retaliation claims by employees taking leave Retaliation ...

Recorded on: Jul. 2, 2012

Taken from the Web Program M&A Litigation 2012 Recorded June, 2012 in New York Litigating Over Alleged Process Flaws in M&A Deals [00:59:42] Assessing the Advantages of Special Committees After Southern Peru - What went wrong and why it mattered - What sort of authority does a special committee need? - Do the litigation advantages outweigh the transactional costs? Litigating in the wake Del Monte - Appropriate ...

Recorded on: Dec. 7, 2012

Taken from the Web Program New Developments in Securitization Recorded November, 2012 in New York Litigation, Bankruptcy and Trustees [01:02:55] Developments in CDO and other RMBS-related litigation and forecasts of future CDO litigation trends Assessing potential litigation claims and risks relate to CDO liabilities Resolving disputes between CDO tranches Developments involving trustees in CDO default and liquidation  ...

Recorded on: Mar. 25, 2013

Taken from the Web Program Advanced Licensing Agreements 2013 Recorded March, 2013 in New York Litigation and Case Law Issues for Licensing Lawyers [01:01:07] Strategic drafting considerations to account for litigation risks Pitfalls, and examples, of sloppy wording Impact of recent cases on drafting and negotiating Arbitration and other dispute resolution considerations Case law update The purchase price of ...

Recorded on: Sep. 28, 2012

Taken from the Web Program "Bet the Company" Litigation 2012: Best Practices for Complex Cases Recorded September, 2012 in New York Litigation Financing: New Developents, Ethical Issues and More [01:02:16] How litigation financing works Plaintiff-side versus defense-side litigation financing Recent developments in ethical issues relating to litigation financing The purchase price of this segment includes the following ...

Recorded on: Jun. 11, 2012

Taken from the Web Program Fundamentals of Mutual Funds and Exchange-Traded Funds 2012 Recorded June, 2012 in New York Litigation Involving Mutual Funds [01:00:51] Private rights of action under the Investment Company Act Excessive fee cases The mutual fund as plaintiff The purchase price of this segment includes the following article(s) from the Course Handbook available online: Excessive Fee Litigation and The Investment ...

Recorded on: Jan. 15, 2013

Taken from the Web Program Basic Negotiation Skills Recorded January, 2013 in San Francisco Managing the Bargaining and Concession-Making Process [01:02:19] Bargaining is most effective in a negotiation once you realize the value of what you can trade. Each side may trade items of unequal value, but each side must trade something, otherwise a stalemate occurs. Concessions provide the structure around the bargaining process and the panelists will ...

Recorded on: Apr. 12, 2013

Taken from the Web Program Catastrophe and the Law: What Lawyers Need to Know to Advise Clients to Prepare and Respond to Disasters 2013 Recorded April, 2013 in New YorkReal Estate Litigation, Property Law and Landlord-Tenant Law [00:59:27] IntroductionI. Property and Landlord-Tenant Law relating to Casualties  Differences in the law in the commercial and residential contexts Landlord’s duty to repair and tenants’ obligation to pay rent ...

Recorded on: Nov. 13, 2012

Taken from the Web Program 14th Annual Commercial Real Estate Institute Recorded November, 2012 in San Francisco Real Estate Litigation: A Toolkit for Transactional Lawyers [01:15:39] Pre-litigation strategy Litigating landlord/tenant, mortgage loan, and other real estate disputes - Finding the right forum; forum selection clauses - Similarities/differences from other litigation; special REIT considerations Pre-litigation ...