The Legal Intelligencer | Commentary
By Paola Pearson | September 7, 2018
If you have never litigated a case with a foreign corporation as a named party, you may be surprised to learn that the Federal Rules of Civil Procedure do little to assuage the language barriers you are likely to encounter along the way.
Delaware Business Court Insider | News
By Tom McParland | September 6, 2018
Minority investors in Oxbow Carbon, fresh off a major Delaware Court of Chancery victory, are now investigating up to $50 million in payments Oxbow made to founder and CEO William Koch's attorneys at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo.
The Legal Intelligencer | Commentary
By Edward T. Kang and Tianna K. Kalogerakis | September 6, 2018
Despite the plaintiff-friendly pleading standards for securities fraud outlined by the Supreme Court in Merck & Co. v. Reynolds, 130 S. Ct. 1784 (2010), out-of-state investors need to be particularly vigilant in pursuing fraud-related common law claims in New York, being careful not to become blocked by the borrowing statute.
The Legal Intelligencer | Analysis
By Scott Flaherty | September 6, 2018
A pair of recent lawsuits, including one pitting two local law firms against each other, indicate fierce competition among certain types of firms that invest heavily in marketing efforts—and they illustrate how that competition is playing out in a modern, digital age.
New York Law Journal | Expert Opinion
By Joseph Lipari and Aaron S. Gaynor | September 6, 2018
It is common for groups of affiliate companies to record transactions within the group by "book entry" rather than actual transfers of cash. It is also common for one member of an affiliate group to undertake an activity that benefits all of the members of the group without necessarily passing on the cost of such activity.
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.
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