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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

by Zuckerman Spaeder LLP on

In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

Federal Whistleblower Laws Collide With The Attorney-Client Privilege: The Bio-Rad Case Study

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Federal whistleblower laws collide with the in-house attorney-client privilege. The trial round goes to the whistleblower. The expected appellate round has still not been fought. In a February 7,...more

South Carolina Court of Appeals, in Olds v. City of Goose Creek, Affirms Circuit Court Order Regarding Definition of Gross Income...

by McNair Law Firm, P.A. on

In Olds v. City of Goose Creek, 2016 S.C. App. LEXIS 147, the South Carolina Court of Appeals provides a thorough discussion of the application of the South Carolina business license tax to a taxpayer’s gross income. The...more

California Court Rules Sarbanes-Oxley Preempts California Law Regarding Privileged Communications in Suit by Former In-House...

by Jackson Lewis P.C. on

By determining that the Sarbanes-Oxley Act (“SOX” or the “Act”) preempts California’s ethical rules, the Northern District of California ruled that an in-house attorney can rely on privileged communications and confidential...more

Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank

California’s USDC–ND ruled that Bio-Rad Laboratories’ former General Counsel may use privileged communications to prove his retaliatory-discharge case prosecuted under Sarbanes–Oxley and Dodd–Frank’s whistleblower...more

New Delaware Unclaimed Property Decision Further Complicates Landscape

by McDermott Will & Emery on

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

Patronage Capital Case Successfully Removed to Federal Court

In December 2015, two plaintiffs filed a class action complaint against Pennsylvania’s REA Energy Cooperative, Inc. The complaint, which was filed on behalf of current and former cooperative members, asserted that REA must...more

Texas Supreme Court Considers Whether Texas Uniform Trade Secrets Act Can Keep Corporate Representatives From the Courtroom

by McGuireWoods LLP on

In December 2014, Schlumberger subsidiary M-I LLC (d/b/a M-I SWACO) filed a writ of mandamus with the Texas Supreme Court over a trade secrets case decided in Harris County District Court. In its writ, M-I SWACO alleged that...more

Ticket to Sue – Pennsylvania’s Registration Requirement for Foreign Business Entities

by Cozen O'Connor on

Consider the following scenario: You represent a foreign corporation in a breach of contract action in Pennsylvania state court. Your client is seeking substantial damages for unpaid widgets that it shipped to the defendant...more

Third Circuit: Pennsylvania Law Preempted By The FAA

by Carlton Fields on

The Third Circuit recently ruled that a Pennsylvania statute prohibiting an unregistered businesses from maintaining any “action or proceeding” in any court in the state interferes with the enforcement of arbitration awards...more

Challenge to Delaware Unclaimed Property Estimation Methods Allowed to Proceed

A lawsuit challenging the unclaimed property estimation methodology used by the State of Delaware and its auditor Kelmar Associates will proceed, according to a ruling issued by a Delaware federal district court on March 11....more

Internal Affairs Doctrine May Not Control Alter Ego Liability

by Allen Matkins on

The internal affairs doctrine “is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation’s internal affairs — matters peculiar to the relationships among or...more

Delaware Supreme Court Endorses "Fee-Shifting" Bylaw in Certified Question of Law

On May 8, 2014, the Delaware Supreme Court provided an en banc answer to a certified question of law from the U.S. District Court for the District of Delaware captioned ATP Tour, Inc. v. Deutscher Tennis Bund, concluding that...more

Second Circuit Determines the Relevant Date for Determining a Chapter 15 Debtor’s “COMI”

by Morrison & Foerster LLP on

A. INTRODUCTION - Courts in the Southern District of New York and elsewhere have issued conflicting decisions regarding the appropriate time period to consider in determining a foreign debtor’s “center of its main...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

by Cozen O'Connor on

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

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

by Low, Ball & Lynch on

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

Supreme Court Holds California’s Survival Statute Inapplicable To Delaware Corporation

by Allen Matkins on

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

Asbestos Alert: Corporations Formed Other than in California Which Have Dissolved May Be Able to Win Summary Judgment in...

by Low, Ball & Lynch on

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

USA v. Poker Stars et. al. (Chris Ferguson)

Defense Request for Status Conference re DiChristina case poker rulingNew York

by Ian Imrich on

[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

Delaware Court of Chancery “Overrules” Federal Court

by Allen Matkins on

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

Court of Appeal Rules That California Law Applies to Delaware Corporation's CEO's Wrongful Termination Claim

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

It's Not Every Day That You Think About The Internal Affairs Doctrine (Or Res Judicata)

by Brooks Pierce on

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

In re Pacific Pictures: New Ninth Circuit Decision May Be Kryptonite To Claims Of Privilege Under The Selective Waiver Doctrine

by Fenwick & West LLP on

Corporations subject to criminal and civil regulatory investigations have long grappled with the highly charged decision over whether to provide the government with privileged communications and attorney work product or...more

Arbeitsrecht - Neue Regelungen im Hinblick auf die Kündigung von Arbeitsverhältnissen ab dem 01.01.2012.pdf

Ab dem 1.1.2012 treten neue Kündigungsfristen in Kraft, die eine Angleichung der Regelungen in Bezug auf die Kündigungsfristen für Angestellte und Arbeiter beabsichtigen. Im Gegensatz zu den bisherigen Regelungen gelten ab...more

Ninth Circuit Latest to Permit Corporate Liability Under Alien Tort Statute; Supreme Court to Resolve Circuit Split in 2012

In Sarei v. Rio Tinto, PLC, Nos. 02-56256, 02-56390, 09-56381, 2011 WL 5041927 (9th Cir. Oct. 25, 2011), the United States Court of Appeals for the Ninth Circuit became the latest Circuit to hold that corporations may be held...more

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