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Don’t Sit on Your Hands: Intervene at OHA If the NAICS Code Matters to You

A recent decision from the Federal Circuit clarified whether the Court of Federal Claims (“COFC”) has jurisdiction to review the selection of North American Industry Classification System (“NAICS”) codes and reminded small...more

CorpCast Episode 4: Better Know a Judge: Vice Chancellor J. Travis Laster of the Delaware Court of Chancery [Video]

On this episode of CorpCast, we’re honored to welcome Vice Chancellor J. Travis Laster of Delaware’s Court of Chancery. In addition to discussing the reasons he came to Delaware to practice law, the Vice Chancellor shares...more

Parties Push to Enforce Statutory Time Limits on SEC Enforcement Actions

Two cases now before US Courts of Appeals carry the possibility of placing meaningful new limits on the US Securities and Exchange Commission’s (SEC) time horizon for bringing enforcement actions. The SEC has long argued that...more

Environmental Appeals Board Vacates Penalties for TSCA Section 8(e) Violations

The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more

Controller Must Still “Look To Find A Reason To Believe”

Last month, I wrote about reports that the SEC is seeking years of employment agreements, nondisclosure agreements and other documents in an effort to ferret out possible restraints on whistleblowers. See Is Anything Fishy...more

Is Anything Fishy With The SEC’s Whistleblower Inquiries?

Yesterday, Rachel Louise Ensign of The Wall Street Journal wrote that the SEC recently sent letters “to a number of companies asking for years of nondisclosure agreements, employment contracts and other documents”.  According...more

PUC Pipeline Case Presents Issue of Who Qualifies as a Public Utility Corporation

A recently filed case before the Pennsylvania Public Utility Corporation (“PUC”) raises the issue of what type of pipeline company qualifies as a “public utility corporation” under Pennsylvania statutes. The term is not...more

Using Corporate Bylaws and Charters to Set the Rules for Shareholder Litigation

Recent court decisions, including the Delaware Supreme Court’s opinion earlier this month in ATP Tour, Inc. v. Deutscher Tennis Bund, have focused new attention on the use of corporate bylaws and charters to establish the...more

The Fluid State of Delaware Fee-Shifting Bylaws

On May 8, 2014, the Delaware Supreme Court held in ATP Tour, Inc. v. Deutscher Tennis Bund that a bylaw provision that shifts "all fees, costs and expenses of every kind and description (including, but not limited to...more

What to Do When the Government Comes Calling – Interview with Peter Chavkin, Member, Mintz Levin [Video]

Attorney Peter Chavkin, Chair of Mintz Levin's White Collar Criminal Defense & Parallel Proceedings and Corporate Compliance & Internal Investigations Practices, discusses the steps individuals and companies should take when...more

MoFo New York Tax Insights - Volume 4, Issue 9 - September 2013

In This Issue: Gain on Sale of Non-New York Leaseholds Held Properly Sourced to New York Based on Business Allocation Percentage; Tribunal Reverses Dismissal and Allows Case to Proceed Before ALJ; Federal Court...more

Is the legal environment changing for Russia-related transactions? What new challenges will parties face and how should they...

A dynamic market - Russia is a dynamic, developing growth market, with a constantly changing legal environment. Right now Russia is seeing an upturn of activity in corporate transactions of all kinds: mergers and...more

Forum Selection Bylaws And The California Constitution

Last December, I briefly discussed whether a forum selection bylaw with respect to officers and directors would pass muster as a contractual choice of law. See A Forum Selection Clause Issue That You May Not Have Heard About...more

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of...more

Illinois Supreme Court to Resolve Municipal Pension Dispute

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Prazen v. Shoop, a dispute about the politically charged issue of public employee pensions....more

Chancery Court Finds Management Services Agreement Key in Establishing Jurisdiction

On August 28, 2012, the Delaware Court of Chancery found that a management services agreement could help establish both personal jurisdiction through a conspiracy to defraud and joint and several liability through an agency...more

Sprint Offers Unlimited Data, But Not for Shareholders: KPMG Documents Prepared for the PCAOB Mostly Privileged Under SOX

On October 10, 2012, a federal district judge in Missouri granted in part and denied in part class action plaintiffs’ motion to compel certain documents that KPMG had supplied to the Public Company Accounting Oversight Board...more

Iranian Sanctions Extended by Executive Order

Foreign subsidiaries of U.S. parent companies are deemed fully subject to U.S. jurisdiction regarding all Iranian sanctions. On October 9, an Executive Order was issued by President Barack Obama, fully implementing...more

Why “Independent Legal Counsel” Is A Splendid Lie

The 1735 edition of Jonathan Swift’s Gulliver’s Travels includes a frontpiece portrait of Capt. Lemuel Gulliver. Beneath the portrait is a Latin phrase – Splendide Mendax. This phrase is a snippet from the Roman Poet...more

Articles in Legal Industry Publications Continue to Qualify as Public Disclosure Under the False Claims Act

A Texas federal judge recently tossed a Federal False Claims Act (FCA) qui tam because the substance of the underlying allegations was previously disclosed in several legal industry publications, U.S. ex rel. Pharma Fraud...more

ESOP Legal News - August 2012 • Volume 1, Number 4

In This Issue: District Court Allows ESOP Participants to Amend Complaint to Add Spouse of Trustee as Defendant; Department of Labor Files Action Seeking to Recover Losses Suffered by Participants; Secretary of Labor...more

Corporate and Financial Weekly Digest - August 10, 2012

In this issue: - Futures Exchanges Propose Rules Requiring Consent to Jurisdiction - Securities Fraud Claim Survives Despite Post-Fraud Stock Recovery - Failure to Make Pre-Suit Demand Bars a Derivative...more

Federal Court Finds No Diversity When California Plaintiff Sues Dissolved California Corporation

Yesterday’s post covered a recent California Court of Appeal decision holding that a corporation mooted its appeal when it filed a certificate of dissolution with the California Secretary of State stating that it was devoid...more

NLRB's Efforts To Advance Ambush Election Rules Rebuffed, Again

If only everyone had just showed up and voted we wouldn't be in this mess. As previously reported, the NLRB's attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled...more

Third Circuit Establishes "Refined" Standard for Determining Whether a Joint Employment Relationship Exists under the FLSA

In In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litigation, No. 11–2883, 2012 WL 2434747 (3d Cir. June 28, 2012), the United States Court of Appeals for the Third Circuit established a "refined" test for...more

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