Sanctions for Failing to Disclose Adverse Precedent Under the Duty of Candor

A year and a half ago, I wrote a post, Philosophy Explains How Legal Ethics Turn Lawyers Into Liars, discussing a couple situations in which I witnessed my opposing counsel tell the judge an outright lie about the case. I can’t say that I’m surprised to find that this problem hasn’t disappeared since that post, and I continue to devote many hours responding to opposing counsels’ objectively baseless motions.

Securities Litigation Risks in the Energy Sector

By | The D & O Diary | August 23, 2012
Securities Litigation Risks in the Energy Sector

One of the trends I noted in my analysis of securities class action lawsuit filings in the first half of 2012 was the apparent rise in securities suits against companies in the natural resources sector. Among other things, I noted that about 14.5% of first half filings were against companies in the natural resources industries, with the largest concentration of cases in the Crude Petroleum and Natural Gas category.

Facebook Fans for Piggy Paint Not a Business Expectancy, Michigan Federal Court Dismisses Tortious Interference Claims for Facebook Page Takedown

By | Trading Secrets | August 22, 2012
Facebook Fans for Piggy Paint Not a Business Expectancy, Michigan Federal Court Dismisses Tortious Interference Claims for Facebook Page Takedown

On August 9, 2012, a district court for the Western District of Michigan dismissed counterclaims of tortious interference with a business expectancy and conversion brought after the removal of a company’s Facebook page and the alleged loss of its more than 19,000 “fans.” (Lown Companies LLC v. Piggy Paint LLC, No. 11-cv–911 (W.D. Mich., Aug. 9, 2012)) .

SEC Approves Maximum Whistleblower Reward of 30%

By | The Corporate Observer | August 22, 2012

It’s about time.  Under the now toddler age (2-year old) Dodd-Frank whistleblower program, the SEC finally granted an award.  Yes, an award to a whistleblower.  And the award was the maximum percentage allowed:  30% of what the SEC recovered.  And the bad news:  well what have they been doing for two years – one award?  In this case, the whistleblower provided the SEC with information that broke up a Ponzi scheme, likely saving innocent investors millions.

“Tricks for Clicks”? or Great Content?

By | Succession Tax Counsel | August 22, 2012

As a newcomer to social media I am bombarded by all these new terms: SEO, PPC etc. However my old fashioned business training tells me that ”tricks for clicks” won’t cut it long term … Tricks for clicks are the sum total of all the gimmicky ideas that generate site traffic. These tricks do work to get clicks but without great content the message is: “… relationships are not important”.

Conflicting Decisions On Delegated Rulemaking Authority: the Uncertain Fate of H-2B Regulations

Conflicting Decisions On Delegated Rulemaking Authority:  the Uncertain Fate of H-2B Regulations

A new decision in Louisiana Forestry Assn. v. Solis upheld the Department of Labor (DOL) Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, adding another piece to a confusing jigsaw puzzle over the efficacy of the H-2B regulations.  District Court decisions upholding regulations normally do not garner major attention by this blog because there is less to learn from them than from vacature and injunctions

Expanding into Vegetarian Products Lands Starbucks in Hot Water

By | DuetsBlog | August 22, 2012

Starbucks acquired the organic juice maker Evolution Fresh Inc. (“Evolution Fresh”). After doing so, Starbucks devised a business plan to expand both the type of products offered and expansion into restaurants. Specifically, Evolution Fresh began selling various food products, including vegetarian and vegan foods, along with juices at restaurants. Starbucks also launched a new logo for the new business.

Former Assistant AG Ordered to Pay $4.5 Million for Blog

Social media has spawned new sorts of litigation.  An Assistant Attorney General in Michigan learned that the hard way.  Andrew Shirwell started a blog titled the “Chris Armstrong Watch” blog.  Chris Armstrong is a former student leader at the University of Michigan and is openly gay.  Mr. Shirwell, the former Assistant AG, describes himself as a “right-wing guy.”  In his blog, he said such things as Mr. Armstrong is a “gay Nazi” and that he is promoting a “radical homosexual agenda.”

Securities Law 101 (Part I): Yes, Securities Law Applies to You

By | The Securities Edge | August 22, 2012
Securities Law 101 (Part I): Yes, Securities Law Applies to You

Contrary to popular perceptions, securities law is not just for large corporations and conglomerates.  Too many start-up companies make the mistake of thinking securities law does not apply to them, though there is no de minimis exception to regulation. Practically, this means all entities, big and small, are required to comply with the applicable provisions of the Securities Act of 1933 (“1933 Act”).