Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:
License to travel: how regulation is benefiting business abroad
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Ted Hester on Congressional Investigations
Deloitte: Turnarounds and Democracy Don't Mix
Make Money Turning Home Brew into a Business
Zimmermann: Up to 20% of AmLaw 200 "Badly Weakened"
Survey: Law Firms Must Change, But Don't Know How
Sullivan & Cromwell's M&A Hotline is Ringing
Andrea Weckerle on CiviliNation
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Eliot Frick on Smart Social Media Strategy
Safeguards against Data Security Breaches (Part One)
Safeguards against Data Security Breaches (Part Two)
Suzanne Folsom on Corporate Compliance Issues -
Suzanne Rich Folsom and Bart M. Schwartz on Corporate Compliance in 2011
Suzanne Folsom on Corporate Compliance Issues
Suzanne Folsom and Ted Wright of ACADEMI
ACADEMI's Suzanne Rich Folsom and PwC's Glenn Ware on Moral Hazard
Suzanne Folsom & Christopher Burnham on Private Sector Lessons
Joseph Levitt on the Food Safety Modernization Act
NJ Court Upholds Citywide Business Curfew
by Robert Levy on May 6, 2013
Most businesses in Camden, N.J. must continue to shutter their doors at 11 p.m. Plaintiffs, including 7-Eleven, recently lost a lawsuit challenging...more
Businesses often acquire other businesses through an asset purchase, rather than a stock purchase, so that the buyer does not inherit the liabilities of the seller. Not all business owners realize that federal labor law...more
Some bargains are not as they seem. An asset-acquiring Company discovered this the hard way in Teed v. Thomas & Betts Power Solutions. In the case, at an auction, Thomas & Betts purchased the assets of a company in...more
SUMMARY OF THE ARGUMENT in Poker Player's Alliance (PPA) Amicus Curiae Brief:
Poker is an American tradition and a game of skill. Invented in the United States approximately two centuries ago, the game has always been...more
We all know the cost of retaining an expert can be pricey. But does the price tag affect vindication of individual rights under a federal statue and impact court access?
Should the cost of expert witness fees play a role...more
Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013)
In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more
Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more
Section 278 of the Delaware General Corporation in effect limits suits against dissolved corporations to a period of three years from dissolution. In contrast, Section 2010 of the California Corporations Code sets no time...more
Originally published in The Legal Intelligencer on November 16, 2012.
In a corporate system based in part on the separation of ownership and control, the relationship between principals and agents is riddled with agency...more
Robinson v. SSW, Inc.
California Court of Appeal, First District
(September 21, 2012)
Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more
In “Delaware Court of Chancery ‘Overrules’ Federal Court“, I wrote about Vice Chancellor J. Travis Laster’s ruling Louisiana Municipal Police Employees’ Retirement System v. Pyott, C.A. No. 5795-VCL (Del. Ch. June 11, 2012)...more
Like many people with a standard Midwest religious upbringing I struggle to do the right thing and, sometimes, to know just what that is under the circumstances. But, as St. Paul discussed in Romans 7 “being good is not...more
[Defense Request for Status Conference in USA v. PokerStars (Lederer, Ferguson, Furst) SDNY civil forfeiture proceedings:]
We represent claimant and defendant Howard Lederer in connection with the referenced case. Mr....more
In May 2011, I wrote about U.S. District Court Judge Susan Illston’s decision allowing a purchaser of auction rate securities to pursue claims under the California Corporations Code against Deutsche Bank Securities Inc. ...more
Since games run by the defendant’s business must constitute “gambling” as defined by
the IGBA, it must be determined whether poker falls under that definition of gambling.
As noted above, the IGBA defines “gambling” as...more
Key Legal Opinion Holdings:
1. Poker is Predominated By Skill Rather than Chance.
2. Poker is Not Gambling Under IGBA.
On December 9, 2011, defendant Lawrence Dicris-tina was charged in a second superseding...more
The California legislature recently passed a joint resolution, AJR 22 (Wieckowski & Allen), that is harshly critical of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, 558 U.S. 50 (2010). ...more
I’ve often heard the claim that one reason to incorporate in Delaware is that the courts won’t surprise you. When I hear this, I recall the surprise, and even outrage, in the aftermath of Smith v. Van Gorkom, 488 A.2d 858...more
On May 23, 2012, the California Court of Appeal addressed a question of first impression: Does California law govern a corporate officer’s claim against an out-of-state corporation for constructive wrongful termination in...more
1. Rechtsgrundlage ist das Gesetz vom 13.August 2004, das die Ansiedlung von Handelsmärkten regelt (“Loi relative à l’autorisation d’ implantations commerciales / Wet betreffende de vergunning van handelsvestigingen”)....more
Nach jahrelanger Vorbereitung hat der belgische Gesetzgeber das sogenannte Corporate-Governance-Prinzip am 02.08.2002 im belgischen Gesellschaftsrechtsgesetzbuch verankert.
Mit der Vorarbeit für dieses Gesetz wurde...more
Die Europäische Aktiengesellschaft (Societas Europaeis-SE) ist eine Voraussetzung für die Verwirklichung des Binnenmarkts und für die damit angestrebte Verbesserung der wirtschaftlichen und sozialen Lage in der gesamten...more
Wow. The Business Court was busier churning out opinions last week than I wanted to be working on my blog, so here's a catchup and a rundown on two cases you should know about. Two more coming after the...more
Pursuant to California law, medical marijuana businesses legally are allowed to operate in the state. However, there are conflicts in the laws and confusion about what is and is not permitted. This article provides some...more
In This Issue:
- NAIC Changes Target Insurance Holding Company System
- Delaware Series LLC Captive Insurance Programs
- State Spotlights
- Insurance Business and Regulatory Law
Excerpt from State...more
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