Isaac Linnartz

Isaac Linnartz

Smith Anderson

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Exculpatory Provisions Provide Powerful Protection for Independent Directors

The Delaware Supreme Court recently issued an important decision clarifying the standards that govern claims for money damages against independent directors of corporations whose charters contain exculpatory provisions....more

6/11/2015 - Appeals Board of Directors Breach of Duty Business Judgment Rule Controlling Stockholders Corporate Charters Corporate Counsel Corporate Liability Damages DE Supreme Court Exculpatory Clauses Fairness Standard Fiduciary Duty Independent Director Motion to Dismiss Standard of Review

If at First You Don't Succeed: Fourth Circuit Revives Securities Fraud Claims

The Fourth Circuit recently revived securities fraud claims against a pharmaceutical company, holding that the allegations that the company acted with wrongful intent were sufficient to proceed even under the heightened...more

4/14/2015 - Appeals Pharmaceutical Manufacturers Pleading Standards PSLRA Scienter SEC Securities Securities Fraud

eTrends – Fourth Circuit Adopts Negligence Standard for Third-Party Harassment Claims

When is an employer liable for workplace harassment of its employees by a customer, vendor or other third-party? In Freeman v. Dal-Tile Corp., decided on April 29, 2014, the United States Court of Appeals for the Fourth...more

6/2/2014 - Employer Liability Issues Harassment Negligence Third-Party Harassment

Fourth Circuit Limits Scope of Employers’ Claims Under Computer Fraud and Abuse Act

In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and...more

2/7/2014 - CFAA Employer Liability Issues Fraud

North Carolina Business Court Limits Unfair and Deceptive Trade Practice Claims Concerning Internal Corporate Matters

On January 28, 2014, the North Carolina Business Court dismissed an unfair and deceptive trade practice claim alleging that corporate directors structured the sale of a corporation in a manner that shortchanged its common...more

2/7/2014 - Preferred Shares Shareholder Litigation Shareholders UDAAP

North Carolina Supreme Court Addresses Duties of Corporate Directors

On November 8, 2013, the North Carolina Supreme Court issued a rare opinion addressing the duties of corporate directors and reaffirming that those duties are generally owed only to the corporation itself rather than the...more

12/20/2013 - Board of Directors Corporate Counsel Corporate Governance Derivative Suit Directors Fiduciary Duty Shareholders

Smith Anderson Obtains Dismissal of Dodd-Frank Act “Say on Pay” Claims

In a groundbreaking new decision, the United States District Court for the Eastern District of North Carolina has dismissed “say on pay” claims against officers and directors of Dex One Corporation. Smith Anderson served as...more

10/1/2012 - Directors Dodd-Frank Executive Compensation Fiduciary Duty Motion to Dismiss Officers Pay-for-Performance Proxy Materials Say-on-Pay

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