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June 12, 2013 | Delaware Business Court Insider

Has the Merger Defense to Derivative Litigation Ended?

Directors of a Delaware corporation have one sure defense to a derivative suit — eliminate the pesky stockholder plaintiff's standing to sue. Of course, that tactic involves also eliminating all of the other stockholders as well by a cash-out merger and that requires a willing merger partner who is willing to pay fair value for all of the stock. But when there is a controlling stockholder involved and the cash is available, the cash-out merger ends what may be costly litigation.
6 minute read
June 12, 2013 | Delaware Business Court Insider

Definition of Property Limited Under Bankruptcy Code

On March 28, 2012, we wrote about a bankruptcy court decision voiding a nondebtor parent company's revocation of its own S corporation status, which had the effect of terminating its debtor subsidiary's "qualified Subchapter S subsidiary" (QSub) status, as an unlawful transfer of the debtor subsidiary's property in violation of Sections 362 and 549 of the Bankruptcy Code.
10 minute read
June 12, 2013 | Inside Counsel

5 of the strangest lawsuits making headlines

A nose job gone terribly awry, a case of mistaken identity and three more strange lawsuits in the news
5 minute read
June 12, 2013 | Inside Counsel

Walgreens reaches $80 million settlement over painkillers

The nations largest pharmacy retailer has reached a record-breaking settlement with the Drug Enforcement Administration (DEA).
5 minute read
June 12, 2013 | Inside Counsel

Dollar General sued over background check practice

Dollar General Corp. may want to rethink its standard practice of conducting background checks on potential employees.
5 minute read
Law Journal Press | Digital Book New Jersey Business Litigation 2025 Authors: Paul A. Rowe, Andrea J. Sullivan View this Book

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June 12, 2013 | National Law Journal

Judge Strikes Law Banning Demonstrations at Supreme Court

Departing from a long line of local court rulings, a federal judge in the District of Columbia on Tuesday struck down the 64-year-old law that prohibits demonstrations and displays on the grounds of the U.S. Supreme Court.
6 minute read
June 12, 2013 | Inside Counsel

Partnering with your trial graphics consultant to develop a winning case

Good trial graphics are not your fathers Sunday morning comics.
6 minute read
June 12, 2013 | FC&S Insurance

NY: Having Breached Duty to Defend, Liability Insurer May Not Cite Policy Exclusions to Escape Duty to Indemnify Insured for Judgment

New York’s highest court, the Court of Appeals, has held that, when a liability insurer has breached its duty to defend its insured, the insurer…
5 minute read
June 12, 2013 | FC&S Insurance

NAIC Has Been “Incredibly Active” on Insurers’ Use of Captives, It Tells FC&S Legal

The New York State Department of Financial Services (“DFS”) is not the only entity that has been looking into insurers’ use of captives.…
7 minute read
June 12, 2013 | FC&S Insurance

American Council of Life Insurers “Supports National Adoption of Proposals to Enhance Disclosure” of Life Insurers’ Reinsurance Transactions

On the heels of the report on “shadow insurance” by the New York Department Of Financial Services (“DFS”), the American Council…
2 minute read

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