Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Second Circuit = The Avengers? Judges Create Alter Ego Liability

by Pullman & Comley, LLC on 5/23/2012

Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court...more

Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure

by Reed Smith on 5/23/2012

In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more

Quinn Emanuel D.C. Litigation in Brief -- Spring 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/22/2012

In This Issue: The Supreme Court Confronts Controversies Overseas, But Will Congress Have the Final Word? Cover; When in Rome...(U.S Law Still Applies): Lessons of Wal-Mart, News Corp. & the Foreign Corrupt Practices...more

Is “Corporation” Spelt “LLC”?

by Allen Matkins Leck Gamble Mallory & Natsis... on 5/22/2012

When I first started practicing law, the idea of the limited liability company had yet to be birthed. A decade later, I co-authored an article speculating on whether California would enact a limited liability company law:...more

Seventh Circuit Court of Appeals Rejects Argument That Wisconsin Corporate Law Is Part of Articles of Incorporation

by Katten Muchin Rosenman LLP on 5/21/2012

The U.S. Court of Appeals for the Seventh Circuit rejected the argument of a dissenting shareholder in a freezout merger that provisions of Wisconsin’s corporate law were binding contractually on a company’s founders and its...more

Reuters: Corporations Face Long Odds in Tax Cases Heard by the United States Supreme Court – Situation Brighter in Canada

by Fraser Milner Casgrain LLP on 5/21/2012

Reuters recently reported a study showing that corporations face very long odds in tax appeals heard by the United States Supreme Court. There were 919 income tax cases in the Supreme Court of the United States from 1909 to...more

Is It Privileged? Privilege Issues for In-House Counsel By Robert LoBue

by Patterson Belknap Webb & Tyler LLP on 5/18/2012

Originally published in NYSBA Inside | Spring/Summer 2012 | Vol. 30 | No. 1. SPECIAL ISSUE: WHAT’S NEW IN ETHICS AND PRIVILEGE. The attorney-client privilege is a potent and practical rule of law based on the...more

Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

by Cullen and Dykman LLP on 5/18/2012

Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries,...more

The Board Still Knows Best: “Say-on-Pay” Vote Does Not Trump a Board of Directors’ Business Judgment

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/17/2012

A recent federal district court decision represents a growing trend by courts to limit the enforceability of a shareholder oversight provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, signed into law...more

Federal Judge Reconsiders Securities Claims Against GE And Identifies Three Categories Of Statements That Are Not Actionable Under...

by Foley Hoag LLP on 5/17/2012

In a consolidated class action in the Manhattan federal court, General Electric and more than 40 other defendants, including CEO Jeffrey Immelt, CFO Keith Sherin, other officers, directors and various underwriters are accused...more

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Civil Procedure – May 23, 2012

Narrowed by: Business Organization

Second Circuit = The Avengers? Judges Create Alter Ego Liability

Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure

Quinn Emanuel D.C. Litigation in Brief -- Spring 2012

Is “Corporation” Spelt “LLC”?

Seventh Circuit Court of Appeals Rejects Argument That Wisconsin Corporate Law Is Part of Articles of Incorporation

Reuters: Corporations Face Long Odds in Tax Cases Heard by the United States Supreme Court – Situation Brighter in Canada

Is It Privileged? Privilege Issues for In-House Counsel By Robert LoBue

Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

The Board Still Knows Best: “Say-on-Pay” Vote Does Not Trump a Board of Directors’ Business Judgment

Federal Judge Reconsiders Securities Claims Against GE And Identifies Three Categories Of Statements That Are Not Actionable Under...

Eleventh Circuit Issues New TOUSA Decision, Upholds Finding That Upstream Guarantees Were Fraudulent Transfers

Forsythe, et al. v. ESC Fund Mgmt. Co. (U.S.) I, L.P., et al., C.A. No. 1091-VCL (Del. Ch. May 9, 2012) (Laster, V.C.)

Jumping Into the Future: New Jersey’s New Recording Law

Extent of Non-Debtor Parent Exposure Under Channeling Injunctions

Advice of Counsel: An Effective Shield

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