News & Analysis as of

Business Litigation

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

by Weintraub Tobin on

Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow...more

Can Extensive Regulations Bar A Claim For Unfair Trade Practices?

by Ellis & Winters LLP on

An alleged violation of N.C.G.S. Section 75-1.1 is a staple of business litigation in North Carolina. A recent decision by the U.S. Court of Appeals for the Fourth Circuit addresses an important question about the law on...more

User’s Guide to Recent Revisions in the Commercial Division Rules

Since its formation in 1995, the Commercial Division has seen an increase in the number and complexity of cases being filed. In response to this change, New York’s then Chief Judge created a Task Force on Commercial...more

Three New Rule Amendments Proposed by the Advisory Council

by Farrell Fritz, P.C. on

One aspect of the Commercial Division that makes it a highly desirable forum for litigators and litigants alike is its focus on the efficient administration of justice. The Commercial Division Advisory Council (the “Advisory...more

Arizona Civil Verdicts, 2016

by Snell & Wilmer on

For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

Arbitrator, Judge, Or Jury; Pick Your Poison

by SmithAmundsen LLC on

As a general rule businesses hate litigation. Why? Litigation results seem uncertain to the point of randomness. It need not be that way. You can never squeeze all of the uncertainty out of litigation, but if you understand...more

Litigation Trends in the Global Oil and Gas Industry: What You Need To Know

by Hogan Lovells on

Michael Davison is head of the Hogan Lovells Litigation, Arbitration, and Employment Practice Group. For close to 30 years, he has been helping clients avoid disputes. He is currently working from the firm’s London office as...more

Where Is Delaware Corporate Litigation Going?

by Morris James LLP on

There are always risks involved in buying a company. Until you are actually inside a company's operations, you can never be sure you know everything about it. Conversely, sellers too will bear the risk that buyer's remorse...more

Two Commercial Division Rulings Put Payday Further Out of Reach for Russian Businessman

Justice Anil Singh of the New York Commercial Division recently issued two decisions related to the long-running litigation between Russian businessmen Alexander Gliklad and Michael Cherney. ...more

Insight: Patchwork of Daily Fantasy Sports Regulations Will Increase Costs and Frustrations for Emerging Industry

by Stinson Leonard Street on

Arkansas has become the most recent state to enact legislation aimed at regulating the Daily Fantasy Sports marketplace. Daily Fantasy Sports, or more commonly known as DFS, is a form of online entertainment where users play...more

Litigation Alert - "L.A. Lakers Story: When a Family Feud Disrupts the Family Business"

by Porter Hedges LLP on

A family-owned business brings with it a unique set of issues and complicated family dynamics can often result in major difficulties. Sports franchises are not immune. As the NBA playoffs continue (Go Rockets!), the family...more

There are No Simple Million Dollar Cases

by SmithAmundsen LLC on

It seems like every week I run across a case in the legal news where a company is pursuing what seems like a very weak case. These are not small cases or small companies and presumably the decision to pursue these cases is...more

Business Litigation Reporter - April 2017

by Goodwin on

Representations and Warranties Insurance Policies – Lessons from the Claims Process - Representations and warranties insurance policies (R&WI Policies)—designed to protect parties from loss arising from breaches of...more

Court Of Chancery Explains Effect Of Notice Bylaw Violation

by Morris James LLP on

This is an interesting decision even if only because it is so well written and deals with an unusual family corporation. Its legal significance is that it explains that a vote taken in violation of a bylaw requiring notice...more

Court Of Chancery Rejects Vague Demand Excusal Allegations

by Morris James LLP on

This is an interesting decision because it applies the rules for determining when a derivative plaintiff, in the LLC context, has sufficiently alleged that pre-suit demand on the board would have been futile. ...more

The Perils of Advancement

by Morris James LLP on

There is perhaps one single obligation that most aggravates corporate boards of directors: Paying your opponent's legal fees when you are convinced he has done you wrong. How then is that not just possible, but a regular...more

Delaware Insider: Delaware Supreme Court Precludes Fraudulent Inducement of LLC Agreement and Employment Agreement as Defense in...

by Morris James LLP on

In the corporate context, Delaware has long recognized a public policy in favor of both indemnification and advancement. “Indemnification encourages corporate service by capable individuals by protecting their personal...more

Court Of Chancery Explains Discovery Objections

by Morris James LLP on

For some time now, the Court of Chancery has told litigants that objections to documents requests should be specific, not generic and boilerplate. This decision thoroughly addresses the case law on this issue, with numerous...more

The Court of Chancery Examines Indemnification Requirements

by Morris James LLP on

This officer indemnification case arises out of one of the more sordid tales to appear in a Court of Chancery opinion and a later Delaware Supreme Court affirmance. This opinion, however, focuses on the less titillating but...more

Court Of Chancery Sanctions Litigant For Fabricating Evidence And Violating Orders In LLC Dispute

by Morris James LLP on

This case involves the unfortunate deterioration of a marriage, as well as the couple’s winery venture, carried on through various LLCs. The decision illustrates the seriousness with which the Court of Chancery views the...more

The law of personal jurisdiction: A game changer for foreign banks involved in litigation in the U.S.

by Hogan Lovells on

Hogan Lovells partner Marc Gottridge is the co-head of our global financial services litigation practice. He represents some of the world's leading banks in major class actions, investigations, and commercial litigation in...more

Court of Chancery Addresses Claims Involving Distributions In The Alternative Entity Context

by Morris James LLP on

The case involves the issuance of certain convertible units offered to some, but not all, the limited partnership unitholders, and whether that offering and subsequent issuance violated provisions of the partnership agreement...more

Business Litigation Alert: "Legislative Update: Is There a Future to Minority Shareholder Oppression in Texas?"

by Porter Hedges LLP on

“Minority shareholder oppression” is a legal claim that occurs when the majority shareholders in a closely held corporation engage in “oppressive” action that unfairly prejudices the minority shareholder’s interests. In...more

Court of Chancery Addresses Effect Of Carve-Outs On The Question Of Substantive Arbitrability

by Morris James LLP on

This case involves the overlap of an advancement dispute and the question of substantive arbitrability under Willie Gary. The two-part test of Willie Gary asks whether the parties (i) generally referred all disputes to...more

The Court of Chancery Sends Advancement Case To Arbitration

by Morris James LLP on

This is another instance of the Court of Chancery addressing the overlap of advancement and the question of substantive arbitrability under Willie Gary. Here, the Court explains that once Willie Gary’s two-part test is...more

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