By Tom McParland | September 10, 2019
"This all may true, but it is not illegal," U.S. District Judge Paul Crotty of the Southern District of New York wrote.
By Tom McParland | September 9, 2019
A three-judge panel of the Second Circuit held that Sequoia's investment policy allowed for "passive" changes in value that propelled the fund's position in the health care industry to exceed the threshold following its initial investment.
Delaware Business Court Insider | News
By Katheryn Tucker | September 5, 2019
Jones Day partner and newly confirmed Georgia Business Court Judge Walt Davis talked about his career change and his plans for the work ahead in this month's Georgia Courts Journal.
By Katheryn Tucker | September 5, 2019
Jones Day partner and newly confirmed Georgia Business Court Judge Walt Davis talked about his career change and his plans for the work ahead in this month's Georgia Courts Journal.
New York Law Journal | Analysis
By Marc Lieberstein | September 5, 2019
During the last two years, franchisors have been facing courts and legislatures that appear to be increasingly hostile to franchising, as greater numbers of franchisor-franchisee relationships are being deemed to be franchisor-employee relationships. This column summarizes some of the most serious recent challenges to the franchise business model.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 5, 2019
It is well-settled in Delaware that a stockholder seeking to pursue derivative claims must own shares at the time of the wrong and continuously through the life of any litigation. Similarly, direct claims based on injury to the shares generally pass to a b
By Patrick P. Dinardo, Amy A. Zuccarello and Nathaniel R.B. Koslof | September 4, 2019
The First Circuit missed an opportunity to provide bondholders with much-needed certainty concerning their ability to enforce an issuer's obligation to pay from special revenues pledged to secure their bonds in the event of a municipality's insolvency proceeding without first obtaining relief from the automatic stay.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 4, 2019
Judge Calvin Scott denied a motion for judgment on the pleadings on the grounds that the defendant's proffered interpretation of a liability limitation provision in a master service agreement was unreasonable.
The Legal Intelligencer | Commentary
By Robert L. Hickok, Jay A. Dubow and Erica H. Dressler | August 30, 2019
The U.S. Court of Appeals for the Third Circuit recently reiterated the long-standing principles that a defendant's alleged misrepresentations may be rendered immaterial by a defendant's sufficient disclosure of information; and even if alleged misrepresentations are materially misleading, a Rule 10b-5 claim may still fail if the allegations do not demonstrate a strong inference of scienter.
New York Law Journal | Analysis
By Efrem Z. Fischer | August 28, 2019
Breach of fiduciary duty and constructive trust claims are being asserted in the context of familial business relationships with greater frequency. In that context, the requirement of the existence of a confidential or fiduciary relationship becomes the key element and the primary focus for analysis with respect to the ultimate merits of the constructive trust and breach of fiduciary causes of action.
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