Delaware

Expert Analysis

• Key Issues In Potential High Court Fraudulent Transfer Case

  

  If the U.S. Supreme Court decides to hear Deutsche Bank Trust v. Robert R. McCormick Foundation, concerning a Bankruptcy Code safe harbor provision, it would have to reconcile creditors' rights to challenge fraudulent transfers with the need for finality in securities transactions, say Justin Ellis and Lauren Dayton at MoloLamken.

• Law Firm Tips For Attracting, Retaining Attys During Pandemic

  

  Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

• Perspectives

  Finding A Path Forward To Regulate The Legal Industry

  

  Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

• Series

  Lawyering While Parenting: A Day In A Dad's Pandemic Life

  

  Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

• Fed. Circ. Ruling Is Troubling For Generic Drug Manufacturers

  

  Following the Federal Circuit's recent decision that Teva Pharmaceuticals induced infringement of GlaxoSmithKline's brand name drug patent despite marketing the generic with a labeling carveout, generic drug manufacturers may face increased legal risk and higher damages, say attorneys at Parker Poe.

• Series

  Lawyering While Parenting: A Day In A Mom's Pandemic Life

  

  Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

• Key Lessons From SEC Fine Over Mid-Merger Stock Buyback

  

  The U.S. Securities and Exchange Commission recently fined Marathon Petroleum subsidiary Andeavor over faulty controls related to a stock buyback program it implemented during its acquisition, highlighting important takeaways for in-house legal teams about internal procedures during preliminary merger discussions, says Ethan Klingsberg at Freshfields.

• Opinion

  Disability Claim Ruling Correctly Discredits ERISA Remand

  

  A California federal court’s recent decision awarding the plaintiff’s disability claim in Tam v. Unum highlights why the extrastatutory and likely unconstitutional practice of remanding Employee Retirement Income Security Act benefit cases to insurance companies must end, says Mark DeBofsky at DeBofsky Sherman.

• 5 Cost-Cutting Strategies For Corporate Legal Departments

  

  To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

• Series

  AGs In A Pandemic: Connors Talks Hawaii Travel Measures

  

  Hawaii Attorney General Clare Connors shares how her office created a clear legal framework to assist policymakers in decisions regarding travel-related and other COVID-19 response efforts.

• Guest Feature

  Preparing The Next Generation Of Female Trial Lawyers

  

  To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

• Guest Feature

  Mentorship Is Key To Fixing Drop-Off Of Women In Law

  

  It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

• Guest Feature

  5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

  

  The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

• Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

  

  The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

• How The State And Local Regulatory Landscape Is Expanding

  

  States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.