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fiduciary duty
New Case Highlights Split of Authority Interpreting the Computer Fraud and Abuse Act
Below is a cross-post with the Security, Privacy and the Law blog. Employers increasingly are suing former employees who have left to join or form competing companies using the civil remedies available under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. They use...
NJ: The Lawyer/Broker Conflict
Lovett v. Estate of Lovett, 250 N.J. Super. 79, 593 A.2d 382 (Ch. Div. 1991) NJ: Underlying will and estate contest Student Contributor: James Quinn Facts: Plaintiffs are two former guardians and children of decedent, who passed away during this action. They allege malpractice by attorney in...
Court Of Chancery Explains When Continuing Wrong Theory Applies
Buerger v. Appel, C.A. 6539-VCL (March 15, 2012) After a board makes a decision that has consequences that last for years, the question arises of when the time to litigate over that decision expires. Some decisions hold that when the decision is not reviewable later, such as when a long...
Pension Risk, Governance and CFO Liability
My November 2011 presentation about pension risk, governance and liability to financial executives struck a chord. Part of a Chief Financial Officer ("CFO") conference held at the New York Stock Exchange, attendees alternatively listened with interest while adding their insights from the...
Colorado Court Divides Contingent Fee Between Attorney Members of Dissolved LLC Law Firm
Law firm breakups sometimes result in disputes between the lawyers over continuing legal work. Some of the most difficult disputes are those over contingent-fee cases that were started before the firm broke up and will be concluded after the breakup. A contingent-fee case may require thousands of...
