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 Colby Hamilton | August 30, 2018
The former chairman and CEO of the pizza chain resigned after reportedly using a racial slur during a conference call, but the new class action suit said additional reports about Schnatter's behavior also show the company's public statements about its corporate ethics were false and misleading.
New York Law Journal | Expert Opinion
By Edward E. Neiger | August 30, 2018
This issue of the Bankruptcy Update focuses on recent restructurings in the paper and printing industry. The column delves into the bankruptcy proceedings of Appvion and Cenveo who won confirmation of their respective plans this month.
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.
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 Rhys Dipshan | August 27, 2018
In-house legal professionals at three large organizations agree that hiring the right outside counsel is as much a matter of culture than it is of expertise and ability.
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.
By Corinne Ball | August 22, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball continues an ongoing analysis of negative control rights previously discussed in a prior installment of this column.
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