News & Analysis as of

Trustee Could Void Sale Due To Mistake Discovered Before Delivery Of Deed

The California Supreme Court recently addressed the issue of whether a trustee may void a nonjudicial foreclosure sale of real property because the trustee discovered prior to the delivery of the deed to the highest bidder...more

Highest Bidder Loses Spoliation Fight in Auction House Data Breach

A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the...more

Cap and Trade Auction Results Are In!

Every allowance that was offered in the auction was sold at a settlement price of $14.00 per allowance. The highest bid price was $50.01 with the mean bid price $16.67 and the median bid price $13.49. In total, the 2013...more

"Don't Ask, Don't Waive" Standstill Provisions: Impermissible Limitation on Director Fiduciary Obligations or Legitimate,...

Under Revlon and its progeny, directors of Delaware corporations have a duty to take reasonable steps to ensure that stockholders receive the highest price reasonably available in a sale of the company. One way that target...more

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