November 2015 – Crystal & Giannoni-Crystal

Published On - November 30, 2015

fgiannoni Tidbits of ethics, Uncategorized

Avoiding loss of your malpractice coverage

Nathan M. Crystal Most legal malpractice insurance applications and renewals include a general question similar to the following one asking the applicant to disclose “any circumstance which may result in a claim being made against your firm.” This question must be answered with care because ...

Published On - November 28, 2015

fgiannoni Uncategorized

The business judgment rule in Italy

Under the American “business judgment rule,” there is “a presumption that in making a business decision, the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the company.” It is so well establishe...

Published On - November 18, 2015

fgiannoni International litigation and enforcement of Foreign Judgements

The hard life of plaintiffs in Italy who cannot plead facts in the alternative and cannot use discovery

The Court of Milano, Italy clarified that in a civil action the parties have the right to decide which facts to bring to the court’s attention in order to prove their claims and how they want to prove them. From the so called “principio dispositivo” (i.e., right to bring or not to bring, at on...

Published On - November 12, 2015

fgiannoni You might find interesting (IT)

Qual è lo stato migliore per costituire una società negli Stati Uniti? Qualche considerazione per stranieri – parte quarta (le imposte statali)

Vi sono svariati fattori da considerare nella scelta dello Stato in cui costituire una società. In questi quattro articoli (leggi parte prima, seconda e terza) prendiamo in considerazione sette fattori che possono influenzare una scelta: (1) luogo di svolgimento dell’attività; (2) legge a...

Published On - November 6, 2015

fgiannoni International litigation and enforcement of Foreign Judgements

A Renewed Focus on Mandatory Individual Arbitration Clauses, by Allyson Haynes Stuart

The New York Times recently published a series of articles[1] reporting on the abolishment of the right to sue by virtue of mandatory arbitration clauses, particularly combined with class action waivers. This development is of course not new – commentators have been bemoaning the proliferation of ...

Published On - November 1, 2015

fgiannoni Uncategorized

Can a foreign railroad be sued in the US for tortious conduct that occurred outside the US if the ticket was bought here? SCOTUS to decide soon

The U.S. Supreme Court is called to decide whether a U.S. citizen can sue a foreign government before a U.S. Court for allegedly tortious conduct that occurred outside the U.S., or whether the foreign administration is instead entitled to immunity under a 1976 law that bars most lawsuits against for...