The Legal Intelligencer | Commentary
By Robert L. Hickok, Jay A. Dubow and Matthew D. Foster | September 4, 2018
On Aug. 13, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in a securities fraud class action, Khoja v. Orexigen Therapeutics, which could dampen a defendant's use of judicial notice and incorporation-by-reference to aid in its motion to dismiss, especially in the securities class action setting.
Delaware Business Court Insider | News
By Tom McParland | August 30, 2018
The Delaware Court of Chancery has rejected Enbridge Energy Partners' bid to dismiss a shareholder suit targeting a $1 billion pipeline buyback deal, in a ruling that criticized the defendants for remaking arguments that had already been rejected by the state Supreme Court.
By Cheryl Miller | August 29, 2018
"Failure to cure these identified flaws will undermine California's authority to launch and sustain vigorous oversight and effective enforcement of the CCPA's critical privacy protections," Xavier Becerra told lawmakers in a sharply worded letter.
Delaware Business Court Insider | Commentary
By John Mark Zeberkiewicz and Nathaniel Stuhlmiller | August 29, 2018
In two recent opinions, The Cirillo Family Trust v. Moezinia, 2018 WL 3388398 (Del. Ch. July 11, 2018), and Charles Almond v. Glenhill Advisors, 2018 WL 3954733 (Del. Ch. Aug. 17, 2018), the Delaware Court of Chancery exercised its powers under Section 205 of the Delaware General Corporation Law (the DGCL) to validate acts that, due to technical problems in their authorization, may have otherwise been void or voidable.
By Andrew Denney | August 28, 2018
In Airbnb Inc.'s new lawsuit against the New York City government over its law requiring disclosure of hosts offering up rooms for rent in the city, the company has once again enlisted the legal firepower of Roberta Kaplan, a star litigator well-known for her civil rights work.
The Legal Intelligencer | Commentary
By Benjamin H. McCoy and Zac Arbitman | August 28, 2018
There is little dispute that the False Claims Act (FCA) is among the most potent weapons for fighting fraud and government waste. In just this past fiscal year alone, the DOJ utilized the FCA to recover more than $3.7 billion across a diverse array of industries such as health care, housing, and government procurement.
By John Kang | August 28, 2018
Xiao Liu, who was recently promoted to counsel at Skadden, has relocated from Beijing to join the three-year-old office.
Delaware Business Court Insider | News
By Tom McParland | August 24, 2018
A Delaware federal judge has allowed Crystallex International Corp. to begin seizing shares of Citgo Petroleum Corp., as the Canadian gold mining and exploration firm looks to collect a $1.2 billion judgment against the Venezuelan government.
Delaware Business Court Insider | News
By Tom McParland | August 23, 2018
The Delaware Court of Chancery has cleared the way for trial in an investor challenge to a deal that handed control of medical device company Halt Medical Inc. to a private equity firm in 2014.
Delaware Business Court Insider | News
By Tom McParland | August 17, 2018
The Delaware Court of Chancery on Friday rejected a "novel theory" to expand the state's narrow doctrine allowing some claims to be treated as both derivative and direct. The rejection comes in a decision that nixed an investor lawsuit seeking to undue the $124 million merger of Herman Miller and Design Within Reach.
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