Viewpoints: Portfolio Company Pension Liabilities
How Might Your Company be Affected by West Virginia's Employment Law Changes?
We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important...more
As a general rule, when a married couple files a joint tax return, they are jointly and severally liable for the entire tax. But what happens if one spouse failed to report income and the other spouse did not know or have...more
California Attorney General Rob Bonta has been actively enforcing the California Consumer Privacy Act (CCPA) since July 2023, when he announced an “investigative sweep” through inquiry letters sent to large California...more
Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more
In its Jan. 8 order list, the Supreme Court declined to hear an appeal concerning a “judgment sharing agreement” among major U.S. meat-supplier defendants in the Broiler Chicken antitrust case (In re Broiler Chicken Antitrust...more
A California federal district court held that judgment entered against individual owners of a franchisor entity, KEP Fortune, LLC, finding them jointly and severally liable with the franchisor entity, was not erroneous or a...more
Last week, the Federal Communication Commission’s (FCC) issued a Notice of Apparent Liability for Forfeiture proposing a $20 million forfeiture, essentially a fine, against two telecommunications service providers for failing...more
M&A and shareholder litigation is off to a busy start in 2023, with Delaware courts issuing several interesting opinions. The Delaware Supreme Court reversed a Delaware Court of Chancery decision, finding that the “maximum...more
In re Mindbody Inc., Stockholder Litigation, C.A. No. 2019-0442-KSJM (Del. Ch. Mar. 15, 2023), the Delaware Court of Chancery held that a CEO breached his fiduciary duties by taking steps the court found tilted a merger sale...more
The Massachusetts Supreme Judicial Court granted summary judgment in favor of the seller of a janitorial service franchise based on claims by the buyers that the COVID-19 pandemic excused their obligation to pay the seller...more
A Southern District of California federal district court in Sarcuni v. bZx DAO held on March 27, 2023, that decentralized autonomous organizations (“DAOs”), which are member-owned communities that maintain financial records...more
In a recent post-trial decision, Delaware Chancellor Kathaleen St. J. McCormick found a CEO personally liable for breaching his fiduciary duties for tilting the company’s sale to his preferred acquiror. The court further held...more
The blockchain community has debated for years whether Decentralized Autonomous Organizations (DAOs) can or should be analogized to a corporate form and whether they operate to insulate DAO members from legal liabilities....more
On Friday, March 24, 2023, Gov. Ron DeSantis signed into law HB 837: Civil Remedies, bringing sweeping tort reform in the state of Florida. In a statement, the governor said, “Florida has been considered a judicial hellhole...more
Florida Gov. Ron DeSantis signed a far-reaching tort reform bill, numbered CS/CS/HB 837 (HB 837), into law on March 24, 2023. A rush to the courthouse with negligence lawsuits in advance of its effective date on the same day...more
Businesses such as restaurants, hotels, supermarkets, convenience stores and others will be affected by major changes to Florida's tort law. ...more
On December 21, 2022, the Ninth Circuit sent a holiday gift to investor plaintiffs and a stocking full of coal to promoters advertising on social media. If you are thinking about touting your business plan on Instagram, think...more
Court of Appeals of Oregon, October 5, 2022 - Plaintiffs, Donald Miller and his wife Linda Miller (hereinafter “plaintiffs”), asserted claims of negligence, strict product liability, and loss of consortium based on...more
Court of Appeals of Oregon, October 5, 2022 - Plaintiffs Donald Miller and Linda Miller filed a lawsuit to recover damages for injuries Donald allegedly sustained as a result of exposure to asbestos-containing products...more
The US Court of Appeals for the Eleventh Circuit reversed a default judgment and monetary award in favor of the plaintiff, which was issued in a case where the plaintiff filed (but never served) an amended complaint in a...more
The US Court of Appeals for the DC Circuit issued an important opinion on August 30, 2022, that reinforces the seemingly obvious principle that the government is not entitled to windfall damages recoveries in False Claims Act...more
False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more
Tax Litigation: The Week of July 18th, 2022, through July 22nd, 2022 Pettennude v. Comm’r, T.C. Memo. 2022-79 | July 18, 2022 | Buch, J. | Dkt. No. 636-21L Gonzalez v. Comm’r, T.C. Summary Opinion 2022-13 | July 18, 2022 |...more
The US Court of Appeals for the Federal Circuit may “award just damages and single or double costs to the appellee” under the Federal Rule of Appellate Procedure 38 if an appeal is frivolous as filed or as argued. In a...more
Tax Litigation: The Week of June 6th, 2022, through June 10th, 2022 Musselwhite v. Commissioner, T.C. Memo. 2022-57 | June 8, 2022 | Ashford, J.| Dkt. No. 14380-16 Spencer v Commissioner, T.C. Memo. 2022-8 | June 7, 2022 |...more