Robert Henderson at Polsinelli

George Costanza and the Supreme Court Align in Ruling This Week on Section 11 of the Securities Act of 1933

In a classic Seinfeld episode, George Costanza opined: "it's not a lie, if you believe it". In a ruling handed down on March 24th, the Supreme Court agreed with this sentiment as it concerned claims brought under Section 11...more

3/27/2015 / Material Misstatements , Omnicare v Laborers District Council , Registration Statement , SCOTUS , Securities Act of 1933

Lance Armstrong Becomes Cautionary Tale on Risks of Arbitration

Arbitration is sometimes touted as less expensive and less risky for businesses than traditional courtroom litigation, especially when it comes to consumer disputes. But disgraced cyclist Lance Armstrong's most recent legal...more

2/25/2015 / Arbitration , Lance Armstrong

Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The...more

12/24/2014 / Amount in Controversy , CAFA , Class Action , Dart Cherokee Basin Operating Co. v. Owens , Diversity Jurisdiction , Federal Jurisdiction , Jurisdiction , Removal , SCOTUS

Breaking: Chancery Court Issues Decision on Claims Against Independent Directors in Controlling Stockholder Transactions

Delaware decisional law on entire fairness review of controlling shareholder transactions has been complicated in part by the subtle distinction between facially disinterested directors (who are liable only where a specific,...more

9/12/2014 / Breach of Duty , Controlling Stockholders , Fiduciary Duty , Shareholder Litigation , Shareholders

Pair of Missouri Supreme Court Cases Potentially Expand Liability for Lenders, Servicers, Debt Buyers and Debt Collectors

Last week the Missouri Supreme Court released two decisions on the same day that expanded Missouri's Merchandising Practices Act (MMPA) with regard to the origination and servicing of real estate mortgage loans. The effect of...more

9/4/2014 / Debt Buyers , Debt Collection , Debt Collectors , Lenders , Mortgage Servicers , Mortgages

This Article Will Self-Destruct: Your Employee’s Use of These ESI-Destroying Apps Could Subject You to Sanctions

In This Issue: - Can You Keep a Secret? There’s an App for That - Do Snapchat or Confide Produce “Documents” in the Eyes of the Law? What about Evidence? - Implications on Securities Fraud and Employment Issues...more

6/25/2014 / Corporate Counsel , Electronically Stored Information , Employer Liability Issues , Employment Policies , Evidence , Mobile Apps , Popular , Securities Fraud , Snapchat , Spoliation

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other...more

1/8/2014 / Corporate Counsel , Due Diligence , Fraud , White Collar Crimes

A Tale Of Two States: Access To Attorney-Client Privilege Materials In Intra-Corporate Disputes Involving Close Corporations

Most people communicating with their lawyer rightfully believe their discussions are privileged and cannot be disclosed to others without permission. However, when litigation ensues, because the attorney-client privilege...more

11/11/2013 / Attorney-Client Privilege , Confidential Communications , Conflicts of Interest , Corporate Counsel , Fiduciary Duty , Privilege Waivers

Robert Henderson

Polsinelli

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