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You’re ready to be a business tort lawyer
Matthew A. Cartwright
Taking on business torts is a great opportunity to advocate for small-business owners who have been hurt by big corporations, or family firms that have lost everything to unscrupulous corporate shenanigans. Your experience as a trial lawyer has given you the skills to fight for justice for injured people. Broaden your horizons—and your client outreach—to put those same skills to use in a different arena.
Director liability for bad
judgment and bad faith
Bert
Black and Robert L. Whitener
The lines between loyalty, due care, and bad faith can be muddied when it comes to analyzing poor business decisions. The business judgment rule and related state shield statutes have long protected directors from liability, but recent rulings have opened the door to some shareholder claims. The authors analyze several key court decisions that could set precedents guiding future rulings favorable to shareholders.
Protecting business relationships
Joseph Hennessey
Any business owner knows that breaching a contract can have serious consequences. But what if the failure to carry out contractual obligations is caused by the malicious acts of a third party? Many business owners—and their lawyers—may not be aware that intentional interference with a contractual or business relationship is grounds for a legitimate tort claim. When your client has been harmed by another’s hostile acts, crafting a well-prepared claim for tortious interference is your first step in helping to repair the damage.
Mediation in commercial disputes
Stewart I. Edelstein
Is mediation right for your business case? The answer to this question depends on several factors, including your client’s willingness to mediate and the strength of your case. If you do choose this option, your first and most important step is selecting the right mediator; the second is extensive preparation. Use these guidelines to make sure your mediation brings an equitable settlement for your client and finality to your case.
Representing the hedge fund
investor
Debra G. Speyer
and Thomas R. Ajamie
Once the province of the very wealthy, hedge funds have grown in popularity among smaller investors. But the market in hedge funds is loosely regulated, and loopholes in the law allow brokers to operate with few restrictions. When these firms engage in fraud or breach of duty, what recourse do investors have? Examine the fund’s suitability, how it was marketed, the adviser’s diligence, and the way the fund was managed to discover whether your client has a case for compensation.
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Features
Sweet visuals to sway jurors
Gary B. Pillersdorf
You don’t have to spend a fortune or be a technical expert to create compelling courtroom presentations. You do need ample doses of creativity. Using common household objects—maps, doughnuts, eggs, even your own clothing—you can grab jurors’ attention and get your point across in an unforgettable way.
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News & Trends
Doctors order mandatory arbitration for patients
Second Circuit expands auditors’ liability for securities
fraud
Jury issues Louisiana’s first post-Katrina verdict
against Allstate
Benzene plaintiff seeks High Court review, puts chemical
in the spotlight
Third Circuit allows RICO claims against insurers
Virginia courts balance competing laws on civil unions
in custody fight
Ohio parents’ med-mal claims now toll the same as
their children’s
Departments
President’s page
Keeping corporations accountable
Good counsel
Tech brief
Transcript management without the yellow
highlighter
Hearsay
Justice in motion
Policyholders gain protection in Washington
state
New seminar explores rules of the road
Bone death from bisphosphonates covered
in new litigation packet
Baylor students are winners in trial advocacy
competition
Straight talk about trial lawyer partisanship
Books
The Myth of Judicial Activism: Making
Sense of Supreme Court Decisions by Kermit Roosevelt
III
Lincoln and Chief Justice Taney: Slavery,
Secession, and the President’s War Powers by James
F. Simon
Experts & Professional Services
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