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Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature

The Delaware Court of Chancery recently ruled that a settlement agreement does not have to be fully executed by all parties to be enforceable....more

5/16/2013

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

In a case involving “several questions of first impression,” the US District Court for the Southern District of New York denied summary judgment for all but one of the defendants in a case alleging violations of the...more

5/15/2013

DOJ Narrows "Carve Out" Practice Regarding Corporate Plea Agreements

Assistant Attorney General Bill Baer in charge of the Department of Justice’s Antitrust Division recently announced changes to the division’s “carve-out practice” regarding corporate plea agreements. The changes aim to...more

4/26/2013 - Carve Out Provisions DOJ Plea Agreements

Delaware Supreme Court Upholds Collateral Estoppel in Multiforum Litigation

The Delaware Supreme Court recently held that the dismissal of a shareholder derivative suit by a California federal court had a preclusive effect on a substantially similar suit pending in the Delaware Chancery Court against...more

4/24/2013 - Allergan Inc Botox Collateral Estoppel Derivative Suit Multidistrict Litigation

Attacks on Proxy Statement Compensation Disclosure: An Update on the Gathering Storm

In this presentation: - Update January 15, 2013 Presentation. More investigation notices, more lawsuits filed, more decisions reached. Trends are becoming more apparent in hindsight. - Say-on-pay. -...more

3/27/2013 - Derivative Suit Executive Compensation Injunctions Proxy Statements Say-on-Pay

Delaware Court of Chancery Analyzes Damages Claims in Failed Asset Sale

The Delaware Court of Chancery recently denied, with one exception, cross-motions for summary judgment in an action to determine damages arising from a failed asset purchase agreement....more

2/13/2013 - Cross Motions Damages Henkel Corp. v IBH Purchase Agreement Specific Performance Summary Judgment

Seventh Circuit Affirms Dismissal of Former Bank Executive's APA and FIRREA Claims

The US Court of Appeals for the Seventh Circuit recently affirmed an Illinois district court’s dismissal of claims brought by the former chairman and controlling stockholder of an Illinois-state chartered bank against the...more

2/13/2013 - Administrative Procedure Act FDIC FIRREA First Mutual Bancorp IDFPR Insolvency Investment Funds Sovereign Immunity

Delaware Supreme Court Refines Standard for Missed Pre-Trial Deadlines

The Delaware Supreme Court recently announced a new standard refining the rules that govern litigants’ requests for extensions. Since 2010, the “Drejka analysis” provided a six-factor test to apply when considering whether to...more

1/24/2013 - Appeals Discovery Discovery Schedule Drejka Analysis Filing Deadlines Reversal Waivers

Life Sciences Company Obtains Dismissal of Shareholder Class Action

The US District Court for the Middle District of Tennessee recently granted BioMimetic Therapeutics Inc.’s motion to dismiss the class action against it, and denied plaintiffs leave to amend their complaint. Shareholders...more

1/23/2013 - BioMimetic Therapeutics Class Action Clinical Trials Deficiency Notices Duty to Disclose Life Sciences Securities Exchange Act Shareholder Litigation Shareholders

District Court Rules that Individual LLC Member Is Third-Party Beneficiary and Bound by Arbitration Agreement

The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be compelled to arbitrate their claims notwithstanding that the...more

12/29/2012 - Arbitration Agreements Beneficiaries LLC Third-Party

Head of SEC Enforcement Division's Asset Management Unit Addresses Hedge Fund Enforcement Priorities

Bruce Karpati, Chief of the Securities Exchange Commission Enforcement Division’s Asset Management Unit (AMU), spoke before the Regulatory Compliance Association earlier this week to address the AMU’s current enforcement...more

12/28/2012 - Asset Management Hedge Funds SEC

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