Recent developments in technology are presenting new ethical and legal challenges for modern lawyers. In relatively short order, these developments have changed fundamental notions of “property” and diluted the traditional form of the attorney-client relationship. In light of these changes, a Continue Reading
A Dichotomy of Fiduciary Duties: Which Hat Does a Trustee Wear While Managing the Trust’s Business?
Where a fiduciary serves as trustee and simultaneously manages a business entity owned by the trust, the fiduciary serves in dual fiduciary capacities. This “trustee-manager” owes fiduciary obligations to the trust beneficiaries both in his capacity as trustee and in his capacity as business manager Continue Reading
Fast Fashion and IP Regulation: Will Fast Fashion Kill the Golden Goose?
The global fashion industry is a dynamic and fast-paced juggernaut, a major economic force generating billions of dollars in revenue and employing millions of workers in creative, marketing, sales and manufacturing capacities worldwide. Nonetheless, compared to other forms of artistic expression – Continue Reading
Taking Stock of the Block: Blockchain, Corporate Stock Ledgers, and Delaware General Corporation Law—Part II
Delaware recently amended the Delaware General Corporation Law to authorize Delaware corporations to replace their paper and electronic stock ledgers with a blockchain. Blockchain, also known as a distributed ledger, can promote efficient recordkeeping, but there are several legal and practical Continue Reading
Send Lawyers, Guns and Money: The New Conventional Arms Transfer Policy
Years ago I witnessed the owner of a Staten Island car dealership talking to his sales staff about their end-of-model-year sale. The dealership owner flogged and lashed about incentives, rebates and financing, but the message was singular: We’re here to deal! I was reminded of this on April 19, Continue Reading
Taking Stock of the Block: Blockchain, Corporate Stock Ledgers, and Delaware General Corporation Law—Part I
Delaware recently amended the Delaware General Corporation Law to authorize Delaware corporations to replace their paper and electronic stock ledgers with a blockchain. Blockchain, also known as a distributed ledger, can promote efficient recordkeeping, but there are several legal and practical Continue Reading
Opioid Crisis Shines Light on Need for D&O Coverage
Countless executives maintain a false sense of security when it comes to their potential legal exposure. Directors and officers liability insurance policies—commonly known as "D&O policies"—are designed to protect management-level employees against allegations of wrongful conduct. The polices do Continue Reading
The March Toward Utility-Scale Energy Storage Keeps Going and Going and Going: States Are Forming Ranks
Federal energy regulators recently embraced utility-grade, battery-facilitated energy storage, and now states must fall in line to unlock the full value of storage technology. Stakeholders across a wide cross section of industries – investor-owned utilities and cooperatives, solar and wind Continue Reading
Advancement Rights in Delaware Limited Partnerships
In Weil v. VEREIT Operating Partnership, L.P., C.A. No. 2017-0613-JTL (Del. Ch. Feb. 13, 2018), the Delaware Court of Chancery dealt with the issue of advancement of fees and expenses to certain directors and officers (the “Plaintiffs”) of a Delaware limited partnership (the “Partnership”). Continue Reading
New York Federal Court Rolls Over Insurer’s Attempt to Defeat “Blast Text” TCPA Coverage Claim
In a resounding win for policyholders, a New York district court found coverage for a nearly $50 million class-action claim alleging that US Coachways, Inc., violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “blast text” advertisements to potential customers. Illinois Continue Reading