Recent D&O Claims Developments

Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state, largely due to the potential for unprecedented and wide-spread changes directly and indirectly caused by the new Trump administration. Many of the predicted changes may appear to lessen D&O exposures, including more conservative judges and a more business-friendly regulatory environment. But other changes will […]

Unanimous Supreme Court Sides with IRS

Unanimous Supreme Court Sides with IRS

The Supreme Court resolved unanimously a common estate tax issue for many closely-held companies. The issue in Connelly v. United States was “whether the corporation’s obligation to redeem [a deceased shareholder’s shares] was a liability that decreased the value of those shares.” The court concluded it was not. Family-owned companies will often purchase life insurance […]

Insurance Issues Arising After Mass Shooting Occurrences

Insurance Issues Arising After Mass Shooting Occurrences

There is no question that mass shooting incidents in this country are unfortunately continuing at a staggering pace. As of April 29, the crowd-sourced “Mass Shooting Tracker” project, which considers a mass shooting to include a single incident in which four or more people are shot in any incident, lists 163 incidents that fit this […]

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What Does the #MeToo Movement Mean for Your Workplace?

Not since the Clarence Thomas Senate confirmation hearings in 1991 has sexual harassment been as present in the daily news as it is today. While the trend started in 2017 with serious allegations of sexual harassment and abuse of power... Read More

Office Depot, Inc., et. al. v. Delaware – Unclaimed Property Law Update

On January 22, 2018, the United States Court of Appeals for the Third Circuit (“Court”) issued its opinion in the case of Office Depot, Inc. v. Secretary of Finance for the State of Delaware. Unsurprisingly, because the facts of Office Depot were identical... Read More

Why Companies Should Refrain from Opening Personal Email Accounts of Employees or Former Employees

Employers may be tempted to access an employee’s or former employee’s personal email account (an email account used by the employee that was not provided by the employer), particularly after an employee accessed the personal account on a device provided... Read More

Obama’s Overtime Rule Struck Down; Trump’s Department of Labor Starts Over

Since the inauguration of President Donald Trump in January, employers have been anxiously awaiting action regarding a list of pro-employer campaign promises. Near the top of that list has been action to block the Department of Labor's new overtime rule,... Read More

Settlement Negotiations

Too often we think that the best settlement can be achieved only through overly aggressive and blustery tactics. The meaner the lawyer, the better the result. That's sometimes true, but not always. While a negotiator who takes firm positions and... Read More

Ohio Supreme Court Mandates Strict Procedures Upon Creditors of a Decedent’s Estate

On April 19, 2017, the Ohio Supreme Court, in Wilson v. Lawrence, imposed strict requirements on creditors attempting to be paid from a decedent’s estate.  Now, all claims must be in writing and presented directly to the executor or administrator within six months... Read More

9 Questions to Ask Potential Trusted Advisors

Effective business lawyers who receive trusted advisor status from their clients often wear more than one hat. Trusted advisors are not only asked technical legal questions, but also often are asked to weigh in on business decisions in general because... Read More

Leaving a Legacy Through Charitable Giving

Americans have a history of being the most generous individuals in the world, giving an estimated $370 billion to charity in 2015 alone. Most donors engage with their nonprofits of choice during their lifetime with direct gifts of money and... Read More

A Summary of the SEC and Ohio Crowdfunding Provisions

On May 16, 2016, the U.S. Securities and Exchange Commission's much-anticipated Regulation Crowdfunding took effect. Read More (PDF) Read More

Delaware Temple-Inland v. Cook Litigation Update

In May of 2014, we reported about the lawsuit that Temple-Inland, Inc. filed against the State of Delaware in federal court for the District of Delaware challenging Delaware’s unclaimed property audit and enforcement procedures (“Lawsuit”). The Lawsuit generally alleged that... Read More

Dan Bailey Provides an Update on Recent D&O Claims Developments

The D&O claims environment is now in an unusually uncertain state. The COVID-19 pandemic created aberrational D&O claims data, so it is difficult to predict future claims activity based on that data. It appears much of the recent claims data... Read More

President Obama Signs Federal Trade Secret Law

On May 11, 2016, President Obama signed into law The Defend Trade Secrets Act ("DTSA"). Effective May 12, 2016, the DTSA amended The Economic Espionage Act to allow a new civil action in federal court for the misappropriation of trade... Read More

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