What do creditors need to know about litigation in state court and bankruptcy court?
The M&A Word of the Day™ from the Book of Jargon® – Global Mergers & Acquisitions Is Poison Pill
Can business partner disputes be defused? Can a client avoid expensive litigation?
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Best Efforts
What you need to know about Canada's new Anti-Spam Law (CASL)
Lamson Comments on Volcker Rule
Which types of employers are more susceptible to get sued?
The M&A Word of the Day™ from the Book of Jargon® – Global Mergers & Acquisitions Is Inversion
How to Avoid Corruption Risks in China
Dealmaker's Dish: Corporate Dealmaker Update
The 2013 Amendments to the Delaware General Corporation Law
The Building Blocks of a Technology Deal
How can business owners manage legal risks?
What is at will employment law?
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin
Structuring an MLP Finance
Why Choose the Dual Track Process?
Structuring Compensation Programs – Interview with David Lagasse, Member, Mintz Levin
Executive Compensation Packages – Interview with David Lagasse, Member, Mintz Levin
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
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
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
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
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
We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more
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
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
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
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
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
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
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
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
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
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
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
The British Columbia Court of Appeal has unanimously held that the British Columbia Human Rights Tribunal did not have jurisdiction under the BC Human Rights Code to hear an age discrimination complaint filed by a lawyer...more
Executive Summary: On July 9, 2012, a federal appeals court in Georgia affirmed the dismissal of DHL Express, Inc., from a lawsuit brought by a class of current and former delivery drivers alleging overtime violations under...more
On June 21st, Judge Paul Crotty largely denied a motion to dismiss in Richman v. Goldman Sachs Group, Inc. (S.D.N.Y.), private litigation surrounding the same CDOs that were the subject of the SEC’s famous enforcement action...more
In This Issue:
To Be Or Not To Be: Nonbusiness Income; Upcoming 2012 Speaking Engagements; The Unitary Business Principle Applies to More Than Corporate Net Income Taxes: Reynolds Metals Company v. Department of...more
As discussed in our February 15, 2012, DechertOnPoint “Building Consumer Financial Protection Bureau Relationships,” a significant controversy has arisen as to whether supervised institutions providing privileged information...more
As in most types of class-based litigation, plaintiffs in Fair Labor Standards Act (FLSA) collective actions typically seek certification of as broad a class as possible. As the number of potential class members grows, so...more
The Third Circuit recently elaborated on the test for joint-employer status under the Fair Labor Standards Act (FLSA) in the context of a parent company providing shared services to its subsidiaries in In re: Enterprise...more
The Code Committee of the Takeover Panel (the Panel) has issued a consultation paper proposing amendments to the jurisdiction test that determines whether a company is subject to the Takeover Code (the Code)....more
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