CorpCast Episode 8: The Controlling Stockholder
CorpCast Episode 7: Better Know a Judge: the Honorable Mary M. Johnston of the Delaware Superior Court
CorpCast Episode 6: A Brief Introduction to the Delaware Rapid Arbitration Act
FCPA Compliance and Ethics Report-Episode 168-Dan Cogdell on criminal procedure issues in defending an individual prosecuted criminally under the FCPA
CorpCast Episode 5: The eDiscovery Big Picture
Halliburton: Good for the Plaintiffs’ Bar?
Reservation of Rights and the Insurer
CorpCast Episode 4: Better Know a Judge: Vice Chancellor J. Travis Laster of the Delaware Court of Chancery
CorpCast Episode 3: Preview of Business Divorce CLE at 2015 ABA Business Law Section Spring Meeting
Should any business sign a contract that includes an arbitration clause?
CorpCast Episode 2: Advancement 101
CorpCast Episode 1: Sections, 204, 205 and In re Numoda
How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
Class Actions News - Deborah Renner on Dart Cherokee Basin v. Owens
SullCrom Sees Litigation Boom Despite Waning Credit Crisis
Your Deposition: What to Expect
A Moment of Simple Justice - Stop Talking
The Burden of Proof -- What must plaintiffs prove to win their case?
How This Investment Firm Hopes to Revolutionize Litigation in America
The English courts have recently taken a firm position on a party's right to challenge an arbitral award on the basis of the tribunal's delay in producing that award. In B.V.Scheepswerf Damen Gorinchem v The Marine Institute...more
Aiding and abetting claims are often filed against those who have worked with a fiduciary that is breaching his fiduciary duty. This decision explains the requirements for such a claim, particularly the need to show the...more
Plan administrators, investment committees and any other plan fiduciary responsible for selectingthe investment options of an employee benefit plan subject to ERISA should take note of the recent U.S. Supreme Court ruling in...more
This past month, the California Court of Appeals for the Third District, in James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction...more
One of my law school classmates asked me several month ago about the merits of entering into a joint defense agreement with another party to protect communications he had with that party’s counsel in connection with a...more
P&S LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., No. 14-cv-00735-LTB-CBS (D. Colo. July 29, 2015).
District of Colorado grants summary judgment for insurer on bad faith claim where insurer established that an...more
Schmidt v. The Travelers Indem. Co. of Am., No. 1:13-CV-932, 2015 WL 4538118 (S.D. Ohio July 27, 2015).
A law firm that lost more than $141,000 in an online scam lost its coverage dispute with its insurer but still tried...more
Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015).
District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more
Earlier this summer, in Brown v. Pennington, No. 05-14-01349-CV, 2015 WL 3958618 (Tex. App., June 30, 2015), the Texas Court of Appeals dismissed a tort claim against a non-shareholder loan guarantor for lack of personal...more
Trade secret misappropriation cases create a unique problem for courts. The parties become quickly embroiled in litigation over the misappropriation of trade secrets, sometimes with only bare-bone allegations of those trade...more
In one of the largest ever M&A-related recoveries for shareholders, Vice Chancellor J. Travis Laster ordered Dole Food Company, Inc.’s Chairman and CEO, David Murdock, and Dole’s former President, COO and General Counsel, C....more
In a just-released decision, Chevron Corp v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada held that Canadian courts have jurisdiction to decide whether a foreign judgment can be enforced in Ontario against either or both...more
Defendants, Nang Kuang Pharmaceutical Co., Ltd. ("Nang Kuang") and CANDA NX-2, LLC ("CANDA") (collectively, "Defendants") filed a motion to dismiss, asserting that the patent infringement action filed by Plaintiffs, Eli Lilly...more
During his days as a data encounter manager at SCAN, Jim suspected the company had been double-billing Medicare and Medicaid for years. He expressed his concerns within SCAN. When he refused a job reassignment, he was fired....more
The Supreme Court has refused to give the 16 defendants (*) in the FCA -v- Capital Alternatives Limited case permission to appeal against the decision of the Court of Appeal that an African Land Scheme and a Carbon Credit...more
The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach).
Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more
This decision concerns a soap opera with bizarre facts and alleged witness tampering that hopefully will never be repeated. It does have a good discussion on what notice the board of directors must give to a controller before...more
Aside from the very large damage award, this decision should be noted for its thorough analysis of the duties of a controlling stockholder and his aides in the way they act to carry out a going private transaction....more
First, the discovery cannot be of the very records the plaintiff seeks to obtain, for that will give him the relief he seeks before he proves his case. Second, it is often the case that the records are being sought for use in...more
In re Dole Food Company, Inc. Stockholder Litigation, Consolidated C.A. No. 8703-VCL -
In re Appraisal of Dole Food Company, Inc., Consolidated C.A. No. 9079-VCL -
In a much anticipated post-trial decision, the...more
Judge Furman of the SDNY Dismisses Claims Against Major Exchanges and Barclays, Holding That Facilitating HFT Does Not Constitute Actionable Market Manipulation -
Judge Jesse Furman of the United States District Court...more
The first to file bar is a limitation on the rights of members of the public to commence certain litigation under the FCA. In essence, the first to file bar prevents a member of the public from commencing an action based...more
In this case report, we consider the decision of the Upper Tribunal (Tax and Chancery Chamber) in Ghanshyam Batra v Financial Conduct Authority  UKUT 214 (TCC), in which the Upper Tribunal upheld the FCA's decision to...more
Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are...more
The recent decision of the New South Wales Court of Appeal in Aircraft Support Industries Pty Ltd v William Hare UAE LLC  NSWCA 229 ('Aircraft Support Industries') confirms that Australian courts have power to partially...more
Find a Civil Procedure Author »
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up to create your digest using LinkedIn*
Back to Top