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Corporate Officers Burden of Proof

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Rejects "Apex Doctrine"

On June 1, 2022, the Georgia Supreme Court issued a ruling that has the potential to significantly impact discovery in Georgia courts. In Gen. Motors, LLC v. Buchanan, No. S21G1147, 2022 WL 1750716 (Ga. June 1, 2022), the...more

Butler Snow LLP

Tennessee Adopts New Test for Corporate Opportunity Claims

Butler Snow LLP on

For decades, Tennessee courts have utilized conflicting tests for analyzing the corporate opportunity doctrine. Recently, however, the Tennessee Court of Appeals addressed this inconsistency by determining that the Delaware...more

White and Williams LLP

Is a “Vice President” an Officer for Indemnity Purposes? Delaware and New Jersey Weigh In

White and Williams LLP on

What makes a corporate officer an “officer”? For corporations, the issue of who qualifies as an officer is significant because corporations may be required to advance legal expenses and indemnify their officers pursuant to...more

Blake, Cassels & Graydon LLP

Recent Decision Clarifies Availability of Defences at the Leave Stage in Statutory Securities Class Actions

The Ontario Superior Court of Justice’s (Court) recent decision in Rahimi v. SouthGobi Resources (Rahimi) confirms that courts will consider and evaluate defences at the leave stage of a statutory secondary market disclosure...more

Morris James LLP

Court Of Chancery Explains The “Personal Claim” Exception To Advancement Rights

Morris James LLP on

In the area of what claims are subject to the right to have fees advanced to a former officer or director, there is no more often disputed issue than whether the claim asserted arose out of the role as an officer or director...more

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