Civil Procedure, Business Organization

Navigating Pennsylvania’s Tax Appeals Process -- Updated

by James Fritz | McNees Wallace & Nurick LLC on 5/21/2013

Pennsylvania’s tax appeal system has long been criticized as very complicated, expensive and lacking impartiality. A few years ago, the PA Chamber and other interested groups were able to work with the General Assembly to...more

Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

by Ryan Hennessey, Peter Lucarelli | Baker & McKenzie Australia on 5/15/2013

Commercial tenancies may be extinguished by a liquidator appointed to a landlord company by exercising the statutory right under the Corporations Act 2001 (Cth) to disclaim certain property....more

Another Business Owner Caught By Withdrawal Liability

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/14/2013

I have blogged before [May 16, 2012, November 21, 2012, April 23, 2012, May 15, 2012, September 5, 2012] about the liability that can be imposed on businesses whose union employees participate in a multiemployer pension plan...more

The Force is Sometimes Against Us

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/14/2013

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

California Court Finds Securitization Entities Subject to California Income Tax

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie | Reed Smith on 5/13/2013

A California Superior Court has issued a decision with significant impact on financial services. In the case, Harley-Davidson, Inc. v. Franchise Tax Board, San Diego Superior Court Judge Joel Pressman held that...more

Corporate Suspension Blocks Tax Court Access

by Charles (Chuck) Rubin on 5/13/2013

Most states will suspend or involuntarily dissolve a corporation if it does not pay local taxes or fees. Such suspensions and dissolutions can typically be reversed after the corporation files to be restored and pays any back...more

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

by Anthony Cacace, Neal Schelberg | Proskauer - ERISA Practice Center on 5/9/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013)

by Adam P. Beckerink, Denise Obrochta, Jennifer C. Waryjas, Michael Wynne | Reed Smith on 5/8/2013

Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Illinois. Every three months we will be giving you updates on the key cases and administrative releases, as well as...more

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

by Michael S. Gordon, Dean Razavi | Katten Muchin Rosenman LLP on 5/8/2013

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had...more

Registration Of Condominium Liens - Time Is Of The Essence

by Barbara Holmes | Heenan Blaikie LLP on 5/8/2013

In a recent case, YCC No. 82 v. Bujold, the Court of Appeal considered the interpretation of Section 85 of the Condominium Act (the “Act”) and, in particular, the timing requirements under the Act relating to notice of the...more

Blaustein, et al. v. Lord Baltimore Capital Corp., et al., C.A. No. 6685-VCN, (Del. Ch. Apr. 30, 2013) (Noble, V.C.)

by Potter Anderson & Corroon LLP on 5/7/2013

In this memorandum opinion, the Court of Chancery granted defendants’ summary judgment motion dismissing claims based on the implied covenant of good faith and fair dealing under a shareholders’ agreement and further denied...more

Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction

by Mark McGrath | Sheppard Mullin Richter & Hampton LLP on 5/7/2013

In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal jurisdiction on the grounds...more

Rich v. Chong, C.A. No. 7616-VCG (Del. Ch. Apr. 25, 2013) (Glasscock, V.C.)

by Potter Anderson & Corroon LLP on 5/7/2013

In this opinion, the Court of Chancery denied a motion to dismiss a derivative action brought by a stockholder of Fuqi International, Inc. because the plaintiff pled facts that raised a reasonable doubt that the Fuqi board...more

Court Of Appeal Makes Condominium Association Foreclosures More Costly

by Scott Wagner | Bilzin Sumberg Baena Price & Axelrod LLP on 5/6/2013

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales. The Third District’s opinion in Aventura Management, LLC v. Spiaggia...more

District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines...

by Walter Greenhalgh | Duane Morris LLP on 5/3/2013

In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic...more

No Directors, No Officers, No Employees And No Agents – Now What?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/3/2013

Occasionally, a corporation may find itself with no directors and no management. Yet, the corporation does not cease to exist. One might wonder what use can there be in a corporation deprived of head and limb. In...more

Pennsylvania Court Dismisses Shareholder Derivative Action Against Directors of H.J. Heinz Under Cuker v. Mikalauskas and the...

by Michael Kichline, Peter Kreher, William McEnroe | Dechert LLP on 5/2/2013

The Honorable Christine Ward of the Allegheny County Court of Common Pleas in Pittsburgh dismissed a consolidated shareholder derivative suit against the Board of Directors of H.J. Heinz Co. (“Heinz”) following a...more

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Civil Procedure › Business Organization

Navigating Pennsylvania’s Tax Appeals Process -- Updated

Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

Another Business Owner Caught By Withdrawal Liability

The Force is Sometimes Against Us

California Court Finds Securitization Entities Subject to California Income Tax

Corporate Suspension Blocks Tax Court Access

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

Illinois Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2013)

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

Registration Of Condominium Liens - Time Is Of The Essence

Blaustein, et al. v. Lord Baltimore Capital Corp., et al., C.A. No. 6685-VCN, (Del. Ch. Apr. 30, 2013) (Noble, V.C.)

Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction

Rich v. Chong, C.A. No. 7616-VCG (Del. Ch. Apr. 25, 2013) (Glasscock, V.C.)

Court Of Appeal Makes Condominium Association Foreclosures More Costly

District Court Clarifies Distinction Between Burdens of Proof on Stay Relief and Adequate Protection in American Airlines...

No Directors, No Officers, No Employees And No Agents – Now What?

Pennsylvania Court Dismisses Shareholder Derivative Action Against Directors of H.J. Heinz Under Cuker v. Mikalauskas and the...

Directors Found To Be In Contempt Ordered To Pay $96,000 In Legal Fees

Recent Decisions Show Courts Closely Scrutinizing Fee Awards in M&A Litigation Settlements

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

"Post-Petition Restructuring Support Agreement Survives Challenge in Delaware"

United States Supreme Court Decides Question of Corporate Liability Under Alien Tort Statute On Broader Grounds

Shareholder Derivative Litigation: Keeping an Eye on the Parallel Class Action

Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary

M&A Deal Counsel’s Role In Creating A Winning Written Record For Defending Breach Of Fiduciary Duty Litigation

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