One of the most important sources of director protection is corporate indemnification. But as significant as indemnification is for the protection of directors, the directors’ first line of defense, literally, is their right to advancement of their costs of defense. All too often, these two terms – advancement and indemnification – are used interchangeably, but they are in fact separate and distinct. Of critical importance, directors are entitled to the payment of their attorneys fees in advance of any determination that the directors are entitled to indemnification. Full Story
Abolish law reviews was the message from Walter Olson, in a piece in last week’s Atlantic. Olson, an author, critic on American law, and a senior fellow at the Cato Institute ought not be dismissed in his view that law reviews are outdated, impractical, and slowly dying.
Chinese company emails US company about buying a few million dollars of the US company’s product. The terms of the deal are quickly worked out and the Chinese company suggests the American company go to China to sign the contract and celebrate the consummation of the deal. The American gets to China (usually some fairly out of the way city in China) and is treated to what appears to the American to be a really expensive meal at which the contract is signed. Full Story
By Jennifer Oltarsh
ScienceDaily brings news of a multi-disciplinary team developing yet another great new tool for scientists. It’s a camera. A sensitive camera that captures images of cells. It’s also a really fast camera. It’s so fast it can accurately capture images of 100,000 cells per second. How fast is that? That’s about 100X the best cellular camera in use today.
In the closing days of its term, the Supreme Court announced that it had granted certiorari in Comcast Corporation v. Behrend, setting up what is certain to be a major battle over expert testimony and class certification hearings. Behrend arises from what appears to be the largest certified class in history – more than two million former and current subscribers to Comcast’s cable services in the Philadelphia metropolitan area.
The 2012 Fortune 500 Social CEO Index Report (pdf) by CEO.com and sponsored by Domo, released yesterday, found that CEOs are lagging far behind the general population in their use of social media. Nothing really surprising on the face of the findings as the general population is going to include a lot of younger people who are very active on social media. But the specific findings as well as the opportunity that awaits savvy law firms by using social media are interesting to review and consider.
What does it really mean when an investigator says that they are going to do a background search on a person and track down all the relevant documents “on the public record”? Well, let’s start with what it doesn’t mean: bank documents and cell phone records are not public record. Any investigator who tells you he can track these down for you is ostensibly promising to break more than a couple of laws to get you that information.