Delaware

Expert Analysis

• Lenders Score Major High Court Victory In Foreclosure Case

  

  The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

• Trial Counsel's Role On A Mass Tort Virtual Law Team

  

  Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

• Tech Trends From SXSW Pose Unique Questions For Lawyers

  

  These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

• In Bar Admissions Process, It's Candor Or Bust

  

  You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

• 4 Key Issues In Rent-A-Center Case And A $127M Question

  

  The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

• The Post-Cyan­ Spike In State Securities Act Filings

  

  One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.

• Series

  Judging A Book: Bashant Reviews 'Doing Justice'

  

  My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

• Firms Can Leverage Communications When Economy Is Slow

  

  Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

• State Net

  Federal, State And Local Governments Vie For Control Of 5G

  

  The next generation of wireless technology, 5G, could bring major advancements in everything from entertainment to public safety. But federal, state and local governments are at odds over how 5G should be deployed and who should regulate it, says Korey Clark of State Net Capitol Journal.

• 3rd Circ. FDCPA Opinion A Rude Awakening For Debt Buyers

  

  Federal courts may look to the Third Circuit's recent opinion in Barbato v. Greystone Alliance — which sidestepped the U.S. Supreme Court’s 2017 holding in Henson v. Santander Consumer — as the leading analysis of whether debt purchasers are subject to the Fair Debt Collection Practices Act, say Melanie Brody and Francis Doorley of Mayer Brown LLP.