0 results for 'McDermott Will & Emery'
Appeals & Motions List released on:September 5, 2024
Failure to disclose passive investment in competitor did not by itself constitute a breach of loyalty where there was no evidence executive acted against his employer's interests, used the investment to obtain an advantage, or had a conflict of interest.
Company's proxy statement was not materially misleading where company was not obligated to state that customers used the company's products to cheat and use of products in that manner was reasonably foreseeable.
Aiding and abetting clause plausibly alleged as to sellers' advisors where they were involved in due diligence and thus plausibly could have assisted sellers in withholding material information, which breached representations and warranties.
Court denied reargument on cross-motions for injunctive relief where movant advanced implausible interpretation of the parties' contract and where the court reasonably declined to impose the implied covenant of good faith in exercising contractual discretion between sophisticated parties.
Court Grants Preliminary Approval of Class Action Settlement with CityMD Over Billing
Manager and member of LLC remained the manager of the company where the LLC agreement required his involvement and approval for any amendment, such that the other investors in the company could not unilaterally amend the agreement to remove the manager.
FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.
Plan of reorganization establishing sexual abuse settlement trust affirmed where non-consensual releases of claims against non-debtors, who were affiliates of debtors, fell within "related to" jurisdiction since the non-debtors' viability as going concerns was necessary to the success of debtors' reorganization.
Court granted default judgment as a sanction for the destruction of evidence that apparently would prove defendant's liability.
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