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March 28, 2013 | Inside Counsel

Litigation: SEC actions time-barred after five years? Not quite.

On Feb. 27, the U.S. Supreme Court held in a unanimous ruling in Gabelli v. SEC that actions by the Securities and Exchange Commission (SEC) for civil penalties must be brought within five years from the date on which the claim first accrued, as opposed to five years from discovery...
9 minute read
March 28, 2013 | The Recorder

Edward Rockwell

The former litigator moved up the ranks at HP before delving into the world of Big Data at DataDirect Networks.
6 minute read
March 27, 2013 | Delaware Business Court Insider

The Equitable Case for Ratification

Among the many significant proposed changes to Delaware's General Corporation Law that were submitted to the corporation law section of the Delaware State Bar Association this March for approval, the sections dealing with ratification of defective corporate acts stand out as particularly noteworthy.
6 minute read
March 27, 2013 | Delaware Business Court Insider

Delaware Expands Stockholders' Right to Sue

On March 15, the Delaware Court of Chancery significantly expanded the right of a stockholder to make direct claims against corporate fiduciaries. Previously, many of those claims were classified as derivative claims that could only be brought in the name of the corporate entity. As a result, stricter pleading rules applied and such claims might be dismissed for a variety of other reasons, such as a cash-out merger that denied standing to the plaintiff or a decision by an independent committee to drop the claim on behalf of the entity. Thus, by expanding the number of "direct" compared to "derivative" claims, the decision in Carsanaro v. Bloodhound Technologies, C.A. 7301-VCL (Mar. 15, 2013), expands stockholder rights.
5 minute read
March 27, 2013 | Delaware Business Court Insider

'Flight From Delaware' Not Over, Analysts Say

The number of shareholder challenges to corporate mergers filed in Delaware increased in both 2011 and 2012, reaching their highest total in nearly a decade, according to a new report. However, corporate legal analysts cautiously warn that the good news does not mean the so-called "flight from Delaware" is over.
5 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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March 27, 2013 | Delaware Business Court Insider

Was Tension Between Supreme, Chancery Courts on Display at Tulane?

Delaware's corporate bar is buzzing over remarks made last week by state Supreme Court Chief Justice Myron T. Steele at Tulane University Law School's Corporate Law Institute and whether those comments further escalated the tension between his court and the Delaware Court of Chancery.
5 minute read
March 27, 2013 | Delaware Business Court Insider

Supreme Court Reverses Chancery Court in Bank Securities Dispute

A German bank was contractually obligated to pay distributions to investors who purchased its securities when the financial institution made similar distribution payments on securities it acquired through a merger with another bank, the Delaware Supreme Court has ruled. The high court's decision reversed and remanded a prior decision by the Delaware Court of Chancery, which held the German bank was not contractually obligated to make distribution payments.
5 minute read
March 27, 2013 | Inside Counsel

Regulatory: EPA enforcement in the energy sector and beyond

This article looks beyond the electric utility sector to other areas of anticipated EPA action during President Obamas second term.
6 minute read
March 27, 2013 | Inside Counsel

Court upholds dismissal of Boeing investor lawsuit, considers sanctions against plaintiffs’ attorneys

Its having troubles in the air, but Boeing Co. got a courtroom win on Tuesday when an appeals court upheld both the dismissal of a class action investor suit against the company and sanctions against the plaintiffs attorneys.
2 minute read
March 27, 2013 | Inside Counsel

8 noteworthy in-house career moves

Charting some of the most recent GC and in-house appointments
3 minute read

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