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New York Law Journal

Court of Appeals Rejects Unavailability of Insurance Exception

Read about this important decision in the Corporate Insurance Law column by Howard B. Epstein and Theodore A. Keyes.
1 minute read

The Legal Intelligencer

False, But Unwritten Statement About Single Asset Does Not Block Debtor's Discharge

Although broad, the Bankruptcy Code's discharge provisions for individual debtors are not without limits.
1 minute read

New York Law Journal

Fiduciary Duties Arising From Close Personal Relationships

This column addresses recent decisions out of the Commercial Division that target exactly that question, whether fiduciary duties may arise as a result of a close personal relationship between parties.
1 minute read

New Jersey Law Journal

Has the Game Changed for NJ Shareholders Starting a Derivative Action?

A recent published decision of the Appellate Division may make it more difficult for a shareholder to assert a derivative action against a New Jersey corporation.
1 minute read

Delaware Business Court Insider

Chancery Court Rejects Demand Futility in Absence of Particularized Allegations

In Steinberg v. Bearden, the Delaware Chancery Court considered whether the Aronson or Rales test for demand futility should apply to a derivative claim for breach of fiduciary duty against directors who allegedly made false and misleading statements.
1 minute read

Corporate Counsel

Merrill Lynch to Pay $15.7 Million, Enhance Compliance After Misleading Customers

Merrill Lynch will pay more than $15 million to settle charges that its employees misled customers into overpaying for residential mortgage-backed securities.
1 minute read

Delaware Business Court Insider

Trial Set for October in CBS, Redstone Battle for Control of Media Giant

The Delaware Court of Chancery has set an October trial date in CBS Corp.'s legal battle with controlling shareholder Shari Redstone for control of the media giant.
1 minute read

New York Law Journal

Lessons from the SEC's First Cyber-Disclosure Enforcement Action

In our October 2017 column, we wrote about some of the Securities and Exchange Commission's new cybersecurity initiatives, including the creation of a new Cyber Unit within the SEC's Enforcement Division.
1 minute read

The Legal Intelligencer

Shifting Waiver of Arguments Rules in Third Circuit Appeals

Having lost in the trial court, counsel's focus must turn to the appeal, and more importantly, the strategy on what issues to raise.
1 minute read

Corporate Counsel

Focusing the Board on the Heart of Ethics and Compliance Issues

"CECOs and general counsels need to push their boards for more time and priority," said David Greenberg, a senior adviser at LRN, which recently released a report on how board members handle E&C.
1 minute read

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