In the first few days after a company is served with a new lawsuit — or receives a threat of a new lawsuit — there are numerous steps that in-house counsel should take. These steps serve a dual purpose: They ensure compliance with the requirements placed on a civil litigant, and they put the company in the best position to defend itself against the claims. During the initial scramble of investigating claims, figuring out legal defenses and obtaining outside counsel, it is not uncommon for in-house counsel to miss simple tasks and responsibilities.
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Thank-you notes from a CFO
Tonight Show host Jimmy Fallon often scripts tongue-in-cheek thank-you notes to wayward politicians and hapless celebrities whose peccadilloes make them easy targets. Last year, I produced a Late Show-style Top 10 list for CFOs. This year, with apologies to Fallon, I envision a few thank-you notes that might come from a CFO.
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Understand the Mandate Rule to Avoid Snatching Defeat from the Jaws of Victory
When the appellant wins an appeal, the opinion often ends with two words that sound like music to the victor’s ears: “REVERSED and REMANDED.” But while the vast bulk of the parties’ work aims (understandably) toward the first of those two words, few trial or appellate practitioners devote enough attention to the second. The appellant may know precisely how the district court erred and exactly why it should be reversed, but unless the attorney representing the appellant has given thought to the shape and scope of the possible proceedings on remand, he or she runs the risk of leaving the client worse off than if no appeal had been filed at all.
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The Rio Tinto Mine Site, Elko County, Nevada: A Cercla Case Study
Sites remediated under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601–9675 (CERCLA) present multiple challenges for government agencies and responsible parties. Parties grapple with complicated technical issues, lengthy cleanups, disputes over liability and allocation, competing regulatory agendas, and excessive and uncertain costs. Successful projects often are ones that address these issues using an innovative approach.