News & Analysis as of

Business Litigation Appeals

Kilpatrick

Texas Business Courts Prepare to Begin Accepting New Cases

Kilpatrick on

This is an update to our firm’s previous article covering the creation of Texas’ new business court system and Fifteenth Court of Appeals. These new courts were created in 2023 by the 88th Texas Legislature and will begin...more

Patton Sullivan Brodehl LLP

LLC Members May Ratify Prior Defective Actions

Actions taken within business entities are sometimes deemed invalid due to procedural defects.  For corporations, section 119 of the Corporations Code establishes a clear procedure by which defective actions can be ratified...more

Butler Snow LLP

LLCS & Jurisdictional Allegations in the Fifth Circuit: It’s Membership, not Ownership

Butler Snow LLP on

By now, attorneys practicing in the Fifth Circuit should know that if a case is in federal court on the basis of diversity jurisdiction, they must ensure that the record supports the diversity of citizenship requirement, lest...more

Conyers

Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

Conyers on

The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision...more

Jones Day

The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

Jones Day on

On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more

Conn Kavanaugh

Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy

Conn Kavanaugh on

With each decision, the courts give shape to Chapter 93A. This is Attorney Thayer’s second article on such decisions. To read his July 2023 coverage, click here. In a surprising decision that heightens potential exposure...more

Butler Snow LLP

Countdown to Business Courts and Other Key Changes Affecting Business Litigation in Texas

Butler Snow LLP on

Texas is known as a business-friendly state. With every biennial session, the Texas Legislature passes laws affecting our courts and commercial disputes. This post discusses changes from the most recent regular session that...more

Conyers

Modified Universalism in the Context of Officeholder Sanction Applications

Conyers on

Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation...more

Lathrop GPM

California Court of Appeals Affirms Rejection of Reverse Royalty Damages in a Breach of Contract Action by Franchisee

Lathrop GPM on

An appellate court in California has affirmed a trial court’s rejection of more than $4 million in lost business profits, which appellant Glen Suh alleged in a breach of contract action against franchisor Boba Time, Inc. Suh...more

Adler Pollock & Sheehan P.C.

The Devil is in the Details: Waiver, Forfeiture, and the Critical Distinction for Appellate Advocates

Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice.  However, these are distinct concepts, and a savvy litigator will carefully consider them when...more

Dechert LLP

Delaware Court of Chancery’s Rescission of Elon Musk’s US$55.8 Billion Pay Package Signals Expansion of Scrutiny into Potential...

Dechert LLP on

The Delaware Court of Chancery issued a post-trial opinion, on January 30, 2024, in Tornetta v. Musk, holding that Tesla’s board of directors (the “Board”) breached its fiduciary duties in awarding CEO Elon Musk (with the...more

Pullman & Comley, LLC

I Filed An Appeal. Is There A Stay? (And What Does That Mean?)

Pullman & Comley, LLC on

One of the first questions I receive when chatting with a prospective client or a new client is: “Well, what happens after we file an appeal? Do I have to do what the judgment says I need to do?” My answer, of course, depends...more

Conn Kavanaugh

You’ve Got Mail: Can Notice Sent by Email Satisfy Requirements to Exercise Options Under a Commercial Lease?

Conn Kavanaugh on

Our world is increasingly ruled by electronic communications. Text messages, Slack channels, and e-mails are all tools of business today. But what happens when a contract requires written notice by a more formal method? Do...more

A&O Shearman

Conversion of shares, variation of class rights and interpretation of articles of association the Court of Appeal decision in the...

A&O Shearman on

The Court of Appeal has upheld a High Court decision regarding the interplay between potentially conflicting provisions in a company’s articles of association. The provisions in question related to the conversion of shares...more

Dickinson Wright

Texas' New Business Courts and Court of Appeals

Dickinson Wright on

On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide...more

Conn Kavanaugh

Recent Federal and State Decisions Clarify Business Litigation under Chapter 93A

Conn Kavanaugh on

Here is a breakdown on how new Federal and State decisions clarify Massachusetts Chapter 93A Unfair and Deceptive Trade Practices Law in Business-to-Business Disputes - A flurry of judicial decisions in spring 2023 has...more

Butler Snow LLP

Contractual Waivers of Punitive Damages are Enforceable Under Mississippi Law (at Least Sometimes)

Butler Snow LLP on

In 4-Way Electric Services, LLC v. Huntcole, LLC, __ So.3d __, 2023 WL 4114332 (Miss. June 22, 2023), the Mississippi Supreme Court considered a dispute between the sellers and buyer of a business that refurbishes electric...more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

Perkins Coie

Supreme Court Requires Stay Pending Appeal of Arbitration Denial

Perkins Coie on

On June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration. Coinbase, Inc. v. Bielski, 599 U.S. ___, 2023 WL...more

Bennett Jones LLP

Leaving the Court in Peace: the Alberta Court of Appeal Applies Narrow Limitations Exception for Declaratory Relief

Bennett Jones LLP on

The Alberta Limitations Act does not apply to requests for "a declaration of rights and duties, legal relations or personal status". The exception is narrow. But as recently confirmed by the Alberta Court of Appeal in...more

Butler Snow LLP

Let’s Get Down to Business (Court): A Primer on Texas’ newest Trial Court

Butler Snow LLP on

Although wading through the salient headlines from the 2023 Texas state legislative session has felt like an endless feat, Texas businesses (and litigators) should take some time to acquaint themselves with H.B. 19, which...more

King & Spalding

A Business Court in Texas: What It Means for Litigants, Attorneys, and Commercial Law

King & Spalding on

After years of stalled attempts, Texas will soon be the thirtieth state to establish a specialized business court specifically designed to hear complex commercial cases. House Bill 19, recently approved by the Texas...more

Conn Kavanaugh

Backstage Pass: What Lawsuit Pleadings Tell Us About Life In A Rock And Roll Band

Conn Kavanaugh on

In a lawsuit filed in California last year, Journey guitarist Neal Schon alleged that bandmate Jonathan Cain had denied him access to the group’s corporate credit card. Cain alleged in a cross-complaint that Schon’s prior...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

Fuerst Ittleman David & Joseph

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more

80 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide