Business Torts

SEC Fiduciary Duty Fraud SCOTUS Class Action Breach of Duty Enforcement Actions Securities Fraud Insider Trading ERISA Settlement RMBS Board of Directors Bad Faith Shareholders Appeals Breach of Contract Shareholder Litigation Insurance Industry Compliance Corporate Counsel Misrepresentation Trade Secrets Enforcement Statute of Limitations Misappropriation Popular Class Certification Motion to Dismiss Securities Litigation Unfair or Deceptive Trade Practices Fraud-on-the-Market Derivative Suit Dodd-Frank Investment Adviser Banks False Claims Act (FCA) Securities Exchange Act DOJ Mortgages Halliburton EU Securities Securities Act of 1933 Halliburton v Erica P. John Fund Patents Tortious Interference Mergers CFPB Disclosure Requirements Dismissals CFTC Whistleblowers Business Judgment Rule Canada UK Attorney's Fees False Advertising Corporate Officers 401k Investors Directors FTC Retirement Plan Jurisdiction Patent Infringement Summary Judgment Conflicts of Interest Bank of America Ponzi Scheme Unfair Competition Hedge Funds Rule 10b-5 Basic v Levinson Civil Monetary Penalty Damages Disgorgement Patent Litigation Standing Controlling Stockholders JPMorgan Chase Pleading Standards Stocks Benefit Plan Sponsors FIfth Third Bancorp v Dudenhoeffer FINRA Personal Liability Arbitration Professional Liability Employee Benefits Employer Liability Issues Insurance Litigation Material Misstatements Non-Compete Agreements ESOP Pharmaceutical Industry Broker-Dealer Confidential Information Corporate Governance Oil & Gas Omnicare Covenant of Good Faith and Fair Dealing Omnicare v Laborers District Council UDAAP Discovery Executive Compensation Section 11 Aiding and Abetting Criminal Prosecution Pleadings Trademarks Mortgage-Backed Securities Penalties Citigroup FDIC Good Faith Investment Funds Preemption Rating Agencies Commercial Bankruptcy False Statements D&O Insurance Evidence Registration Statement Sanctions Stock Drop Litigation Tibble v Edison Int Copyright FHFA Financial Conduct Authority (FCA) Scienter Attorney-Client Privilege Duty to Defend FCPA Goldman Sachs Negligence Swaps Deutsche Bank Duty of Loyalty Negligent Misrepresentation Morgan Stanley Presumption of Reliance Acquisitions Libor Pensions Standard of Review Healthcare Cybersecurity Federal Contractors Freddie Mac Misleading Statements Property Damage US Bancorp Chief Compliance Officers Contract Disputes DE Supreme Court Disclosure Duty of Care Fannie Mae Hiring & Firing Putative Class Actions Trustees UBS Unjust Enrichment Bylaws Duty of Prudence FDA Forum Selection Life Insurance Materiality White Collar Crimes Advertising China Copyright Infringement Indemnification Medicare Mutual Funds Young Lawyers Fees Illegal Tipping Injunctions Investigations Litigation Strategies Manufacturers Qui Tam Restrictive Covenants Sarbanes-Oxley SLUSA Australia Banking Sector Burden of Proof Delaware General Corporation Law Infringement Proxy Statements Amgen Inc. v Connecticut Retirement Plans Audits DOL Foreclosure Investment Advisers Act of 1940 Market Manipulation Minority Shareholders Universal Health Services Inc v United States ex rel Escobar Countrywide Employment Contract False Implied Certification Theory Former Employee Lanham Act Lenders LLC US v Newman Bernie Madoff Books & Records Derivatives Federal Reserve Insureds Personal Benefit Punitive Damages Attorney Generals Construction Industry Due Diligence European Securities and Markets Authority (ESMA) Federal Rules of Civil Procedure FERC Fines Loans Mary Jo White Material Nonpublic Information Municipal Bonds Municipalities Private Equity Property Insurance Reinsurance Say-on-Pay Barclays Brokers C-Suite Executives Commercial General Liability Policies Consent Order Financial Adviser Financial Services Authority Fraudulent Inducement Implied Certification Material Misrepresentation Section 10(b) Statement of Opinion Bribery Creditors Debt Collection Extraterritoriality Rules FIRREA Foreign Banks High Frequency Trading Jury Verdicts Medicaid NCUA OCC Personal Jurisdiction Social Media Whistleblower Awards Anti-SLAPP Antitrust Litigation Collateralized Debt Obligations Conditions of Payment Contractors Data Protection Denial of Benefits Going-Private Transactions Hong Kong Intellectual Property Litigation Kickbacks Loss Causation Prescription Drugs Registration Repurchases Section 75-1.1 Trusts Uniform Trade Secrets Acts Arbitration Agreements Asset Management Business Litigation Competition Confidentiality Agreements Economic Loss Doctrine Facebook Financial Institutions First Amendment Hospitals Insolvency IRS Marketing Reversal Risk Management Third-Party Trademark Infringement Wells Fargo Amgen Cease and Desist Data Breach Defamation Excessive Fees Exculpatory Clauses Fairness Standard FDCPA Fraudulent Transfers Neither Admit Nor Deny Settlements Non-Disclosure Agreement Policy Exclusions Portfolio Managers Private Right of Action PSLRA Publicly-Traded Companies Remedies Reporting Requirements Treble Damages Underwriting Computer Fraud and Abuse Act (CFAA) Defense Strategies Excess Policies Fifth Third Mortgage Company FTC Act Health Care Providers RESPA RICO Shareholder Rights Software Unlicensed Medical Providers Business Court Division CEOs Contract Interpretation Conversion Credit Cards Defend Trade Secrets Act (DTSA) Discovery Rule Fee-Shifting Food Labeling Fund Managers Gabelli v SEC IPO Judge Rakoff License Agreements Limited Partnerships Plan Administrators Preliminary Injunctions Real Estate Market Rescission Self-Dealing Shareholder Votes Uninsured and Under-Insured Motorists Auto Insurance Car Accident Common Stock Corruption Demand Futility Financial Statements Joint Venture Liability Insurance Medical Devices Merrill Lynch Multidistrict Litigation Payday Loans Proposed Legislation Rebuttable Presumptions Subsidiaries Whistleblower Protection Policies Auditors Beneficiaries Construction Contracts Contract Drafting Counterclaims Cross-Border Dilution Equitable Relief Estoppel European Commission Federal Rule 12(b)(6) Health Insurance Homeowner's Insurance Internal Investigations Investment Company Act of 1940 Investment Management Joint and Several Liability Limited Liability Companies Malicious Prosecution Merger Agreements Non-Solicitation Agreements Omissions Preferred Shares Section 5 Tender Offers Trademark Litigation Websites Arbitration Awards Bear Sterns Breach of Warranty Causation Certiorari Chadbourne & Parke LLP v Troice Corporate Veil Economic Espionage Act Entire Fairness Standard Expert Witness Food Manufacturers Franchises Hackers Injunctive Relief Interest Rates Internet Justifiable Reliance Partnerships Physicians Reimbursements Remand Restitution Retailers Revlon Standard S&P Safe Harbors Secondary Markets Short Sales Theft Abuse of Discretion Abuse of Process Administrative Hearings Anti-Corruption Anti-Money Laundering Antitrust Provisions Apple Appraisal Attorney Malpractice Automotive Industry Bonds Chapter 11 CLRA Colleges Commercial Insurance Policies Conspiracies Contract Terms Custody Rule Cyber Attacks Data Security Debtors Due Process Duty to Monitor Failure To Disclose False Billing FCRA Federal Pleading Requirements FRCP 9(b) Generic Drugs Imports Income Taxes Internal Controls International Arbitration Mineral Leases Moody's Mortgage Lenders Motion to Compel Patent Trolls PCAOB Policy Limits Policy Violations Private Equity Funds Public Offerings Real Estate Development Royalties Rule 23 SEC v Citigroup Sherman Act Split of Authority State Farm Statute of Repose Volcker Rule 10b5-1 Plans Affirmative Defenses Allstate Anti-Kickback Statute Calculation of Damages Choice-of-Law CMS Compensatory Damages Contract Negotiations Debt-Relief Industry Disability Benefits Disparagement Energy Sector Foreign Exchanges Forum Forum Shopping Free Speech Frivolous Lawsuits HSBC HUD Hurricane Sandy Independent Boards Intentional Torts Interlocutory Appeals JOBS Act Liquidation Loan Modifications Material Disclosures Mobile Apps Morrison v National Australia Bank Mortgage Loan Originators Mortgage Servicers Municipal Securities Issuers New Legislation No-Action Letters Notice Requirements OCIE Pay-To-Play Price-Fixing Public Policy Receivership Recordkeeping Requirements Shareholder Activism Stark Law Startups Strategic Enforcement Plan Title Insurance Tolling Unfair Insurance Practices Act Universities Valuation Willful Misconduct ALJ Assignments Bitcoin Business Disputes Chapter 7 Claim Construction Claim Preclusion Corporate Executives Counterfeiting Deferred Prosecution Agreements Duty to Disclose Energy Equitable Surcharge Expert Testimony Fair Market Value Fashion Industry FBI Federal Arbitration Act FinCEN Foreign Investment Franchise Agreements Fraudulent Concealment Fraudulent Conveyance Healthcare Fraud ITC Japan Money Laundering Operating Agreements Private Securities Litigation Reform Act of 1995 Public Disclosure Relators Representations and Warranties Retaliation Risk Assessment Royal Bank of Scotland Scams Sellers Stock Options Strict Liability Student Loans Subprime Mortgages Supreme Court of Canada Swap Dealers The Copyright Act Twitter UTSA Virtual Currency Webinars Wire Fraud Affordable Care Act America Invents Act Anti-Competitive Anti-Dumping Duty Article III Asset Valuations CAFA Capital Markets Class Action Arbitration Waivers Collateral Estoppel Compensation Committee Complex Litigation Consumer Fraud Consumer Protection Act Contract Formation Corporate Liability Credit Ratings Customer Lists Dark Pool Declaratory Judgments Defined Benefit Plans Dell Disability Discrimination Distributors Email Equitable Tolling Estate Planning ETFs Ethics Federal Tort Claims Act (FTCA) First-to-File Forfeiture GAAP General Partnerships Investment Fraud Irreparable Harm Jury Trial Legal Costs Lehman Brothers Licenses Likelihood of Confusion LinkedIn Mediation Mental Health MFW Municipal Advisers NFA No-Action Relief Online Reviews Ontario Securities Commission (OSC) Pharmaceutical Patents Premiums Purchase Agreement Retirement Settlement Agreements Stock Purchase Agreement Subject Matter Jurisdiction Third-Party Liability Tippees Transparency Truth in Lending Act (TILA) U.S. Treasury Unfair Trade Practices Act USPTO Venture Capital Visas Waivers Willful Infringement Work Product Privilege Accounting Fraud Acquisition Agreements Architects Automotive Loans Bank of New York (BNY) Mellon Bodily Injury BP Business Court CA Supreme Court Chevron CIGNA v Amara Civil Conspiracy Clawbacks Closely Held Businesses Commodities Common Law Torts Confidential Witnesses Construction Defects Corporate Sales Transactions Countervailing Duties Credit Suisse Cross-Border Transactions Debt Buyers Declaratory Relief Department of Financial Services Dispute Resolution Divorce Dole Food EEOC Equitable Estoppel Equitable Subrogation European Court of Justice (ECJ) Exceptional Case Fair Housing Act (FHA) Family Businesses Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Final Rules Financial Crimes Financial Reporting Foreign Corporations Foreign Judgments Franchisee FSMA General Contractors Google Government Investigations Heinz Independent Contractors Independent Counsel Independent Director Induced Infringement Insurance Fraud Intellectual Property Protection Interference Claims International Litigation IP License IP Litigation IRA Laches Lawson v FMR Liens Limelight v Akamai Limitation Periods Litigation Fees & Costs Military Service Members Moench Presumption Mootness Motion To Strike Music Industry Nasdaq Non-Judicial Settlement Agreements NYSE Off-Label Promotion OIG Ontario Securities Act Patent Reform Permanent Injunctions Petition For Rehearing Prejudgment Interest Proposed Regulation Prospectus Public Comment Public Employees Public Officials Public Schools Real Estate Investments Reformation Regulation M Rules of Civil Procedure Shareholders' Agreements Singapore Software Developers Subcontractors SunTrust Telemarketing Sales Rule Television Shows Tenants Trade Dress Trade Market Abuse Twombly/Iqbal Pleading Standard TX Supreme Court UK Bribery Act Vacated Venue Wine & Alcohol Actual Injuries Administrative Proceedings Admissions of Liability Advertising Injury AIFMD Akamai Technologies Amended Legislation American Rule ANDA Annual Meeting Anti-Retaliation Provisions Antitrust Investigations Antitrust Violations Asset Freeze Auction Bank Fraud Bank Secrecy Act Best Interest Contract Exemptions Blue Sky Laws Business Assets Business Formation Buyouts CalPERS CFOs Change in Control Chevron Deference CIGNA Commercial Court Condominiums Copyright Litigation Credit Unions Cumis Counsel Debt Debt Collectors Default Default Judgment Direct Infringement Disclaimers Disclosure-Based Settlements Dismissal With Prejudice Earn-Outs EB-5 EBA Electricity EMIR En Banc Review EPA European Banking Authority Exclusions Fashion Design Federal Jurisdiction Financial Regulatory Reform Fitch Foreign Nationals Franchisors Freeze-Out Mergers General Solicitation Hart-Scott-Rodino Act IL Supreme Court Immunity In Pari Delicto Incentive Compensation Incentives Inequitable Conduct Inter Partes Review Proceedings Inventors Janus Capital Group K2 Investment Group Leveraged Buyout Life Sciences LLC Agreements Lost Profits Mark Cuban MBIA Insurance Membership Interest Misclassification Misleading Impressions Mobile Devices Monopolization MSRB Municipal Bankruptcy Natural Gas Natural Products NC Supreme Court Negotiations Non-Practicing Entities NY Supreme Court Offerings Overpayment Patent Trial and Appeal Board Personally Identifiable Information Petition for Writ of Certiorari Predominance Requirement Price Manipulation Ratification Reasonable Reliance Claims Reasonableness Factors REIT Removal Reservation of Rights Restructuring Richard Cordray Right of Publicity Rule 10(b) Rule 11 Russia SAC Capital Sales & Distribution Agreements Section 337 Security-Based Swaps Shareholder Demands Small Business Statement of Facts Stern v Marshall Stock-for-Stock Merger Stress Tests Supplemental Disclosures Technology Termination Terms of Use The Clayton Act Tort Reform Unions US Bank Usury Wage and Hour Warranties Yelp Actual Damages Administrative Authority Admissibility Affiliates AIG Amended Complaints Amended Regulation American Pipe & Construction Co. v. Utah Antitrust Conspiracies AT&T ATMs Auto Manufacturers Banking Crisis Billing Biotechnology Boeing Borrowers Brand Business Torts Buy-Out Agreements Buyers CAN-SPAM Act Capital Requirements Captive Insurance Company Cartels Cause of Action Accrual Cease and Desist Orders CFPA Cisco Citibank Citizens Property Insurance Corporation City of Pontiac Civil Liability Claim Procedures Collateralized Loan Obligations Commercial Leases Commodity Pool Confidential Communications Consent Decrees Construction Project Consumer Financial Products Continuing Legal Education Corporate Dissolution Corporate Integrity Agreement Corporate Misconduct Corporations Code Court-Appointed Receivers Credit Default Swaps Credit Reporting Agencies Criminal Sanctions Crowdfunding Customs Customs and Border Protection Cyber Insurance Data Collection Data Theft Debt Restructuring Debtor-Creditor Defined Contribution Plans Denial of Insurance Coverage Design Professionals Dietary Supplements Disability Insurance Dischargeable Debts DMCA Domain Names DuPont EBIA v Arkison EEA EFTA Emotional Distress Damages Employee Stock Purchase Plans Employment Policies Enforcement Statistics Entrepreneurs Equity Compensation Errors and Omissions Policy Exchange-Traded Products Executive Benefits Insurance Agency Exemptions Experian Exports Failure To State A Claim Falsified Documents Fashion Branding FCC FCMs Federal Sentencing Guidelines Fidcuciary Liability Film Industry Final Judgment Ford Motor Foreign Jurisdictions Forum Non Conveniens Fraud and Abuse FSA GEICO General Motors Governmental Employees Tort Immunity Act Gross Negligence HAMP Hewlett-Packard Homeowners Honest Belief Defense Identity Theft Indirect Infringement Inevitable Disclosure Doctrine Injury-in-Fact Insurance Agents Integration Clauses Intent Internal Affairs Doctrine Interstate Commerce Investment Companies ISS Issue Preclusion Joinder Labeling Law Firm Partners Leases Madden v Midland Funding Major Swap Participants Managers