Derivative suits are a unique mechanism for shareholders, who technically own the corporation, to sue the officers and directors on behalf of the corporation when the officers fail to uphold their duty to the corporation. A counter-intuitive process, we take a look at Facebook’s recent litigation and the pending derivative suit.
In 2019, 44 million people in the United States – 28.2% of workers – reported that they were self-employed, while 14% of workers said they were independent contractors. The Gig Economy is partially explained by COVID-19 but in reality this shift has been a long time coming. We look at some of the legal implications.
Workplace discrimination laws have been evolving since the inception of the Civil Rights Act of 1964. There have no doubt been monumental strides toward equality in the workplace since the enaction of Title VII legislation. Pregnancy discrimination, however, is one area that remains somewhat muddled, but a new bill is looking to clarify the obligations of employers under Title VII.
The COVID-19 crisis is bringing an unprecedented wave of litigation, and the range of legal issues involved is breathtaking. Despite the release of multiple vaccines, COVID-19 cases continue; whether these will be effective against new, recently identified strain remains unknown. The era of lockdowns and business restrictions may not be over and litigators should continue bracing themselves for novel legal challenges.
The Daubert Standard is the majority rule for admitting expert testimony. Encompassed in the Federal Rules of Evidence 702[1], the test governs what evidence is scientifically reliable enough to provide to a jury. We take a brief look how the SCOTUS ruling In Daubert v. Merrill Dow Pharmaceuticals relates to medical expert testimony.
Federal court litigants have likely come across the PACER system, and know intimately that its use is based on a cost per page. In the works since 2016, a class-action lawsuit poses the ultimate question: “Are PACER fees even legal?”.
Virtual proceedings have undoubtedly allowed courts to continue operating at a time when in-person hearings were out of the question and for that they deserve praise. But there are some kinks to work out, and in this short post, we take a look at the pros and cons of Zoom court.
COVID-19 has exacerbated the eviction crisis in the United States. Absent a national solution to this issue, evictions are continuing business-as-usual, with a few major exceptions. Here’s what you need to know if you are representing either the landlord or the tenant in an eviction proceeding.
Litigation funders or TPLFs finance civil litigation through non-recourse liens instead of self-financing or contingency agreements, in exchange for a cut of the settlement or judgment. Are they legal? That’s what we take a look at in this short article.
While businesses suffer, insurance carriers are denying claims, taking the stance that COVID-19 is not a “disaster”. States are responding by introducing legislation requiring carriers to cover COVID-19 losses. And personal injury firms anticipate an impending flood of litigation.