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Business Torts Updates

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
Ogletree, Deakins, Nash, Smoak & Stewart,...

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

Sheppard Mullin Richter & Hampton LLP

Getting to Business Judgment in an Interested Transaction: Controlling Stockholder Must Put Procedural Protections in Place Prior...

In Flood v. Synutra Int’l, Inc., No. 101, 2018, 2018 Del. LEXIS 460 (Del. Oct. 9, 2018), the Delaware Supreme Court (Strine, C.J.) held that a controlling stockholder who pursues a merger with the controlled company will have...more

Weil, Gotshal & Manges LLP

A Delaware Supreme Court Footnote Reignites Concerns about the Reliability of Contractual Representations & Warranties--Are Deal...

by Weil, Gotshal & Manges LLP on

Earlier this year, in Eagle Force Holdings LLC v. Campbell, the Delaware Supreme Court created a stir in some parts of the deal lawyer community as the result of a footnote that was otherwise irrelevant to its holding. That...more

White & Case LLP

Recovering from an insolvent employer: claims against directors

by White & Case LLP on

In a decision of interest to construction industry participants, the English Technology and Construction Court confirmed that, in some circumstances, the directors of an insolvent company may be liable in tort for the...more

Ary Rosenbaum

Fidelity sued again over their 401(k) plan

by Ary Rosenbaum on

I have always been concerned about the use of proprietary funds, especially belong to mutual fund companies and their use in their own 401(k) plans because they’re ripe to be a target for a class action lawsuit. Fidelity...more

Weiner Brodsky Kider PC

Major Ride-Sharing Company Settles with States over 2016 Data Breach

by Weiner Brodsky Kider PC on

A major ride-sharing company reached an agreement with the attorneys general of all 50 states and the District of Columbia to pay $148 million and tighten its data security in order to settle all legal inquiries regarding its...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts

This is the inaugural issue of The Distributed Ledger, a periodic publication covering the latest trends and developments in blockchain technology, digital assets and smart contracts. In this edition, we examine a federal...more

Weiner Brodsky Kider PC

FTC Enters Consent Orders with Companies that Falsely Claimed to be Certified Under the EU-U.S. Privacy Shield

by Weiner Brodsky Kider PC on

The FTC entered into consent orders with four separate companies which falsely claimed to be certified under the EU-U.S. Privacy Shield framework, which governs the ability of companies to transfer personal data outside of...more

Shearman & Sterling LLP

Delaware Supreme Court Holds That Business Judgment Rule Applies To Controller Transactions As Long As MFW Conditions Are In Place...

by Shearman & Sterling LLP on

On October 9, 2018, the Delaware Supreme Court affirmed a decision of the Delaware Court of Chancery dismissing a lawsuit brought by stockholders of Synutra International Inc. (the “Company”) challenging a controlling...more

Saul Ewing Arnstein & Lehr LLP

N.D. of Mississippi: Insured’s Claim that Insurer Acted in Bad Faith by Failing to Disclose its Practice of Depreciating Labor...

Mitchell v. State Farm Fire and Casualty Company, No. 3:17cv00170-M, 2018 WL 4572664 (N.D. Miss. Sept. 24, 2018) - Lorine Mitchell submitted a claim to State Farm for damage to her property from a storm. Under the terms of...more

Weiner Brodsky Kider PC

11th Circuit Rules that the Filed-Rate Doctrine Precludes Lawsuits Regarding Lender Placed Insurance

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Eleventh Circuit ruled that a lawsuit challenging a mortgage servicer’s practices related to the use of lender placed insurance was barred by the filed-rate doctrine....more

Dentons

Financial Dispute Resolution in a Post-Brexit World

by Dentons on

Resolving disputes efficiently and with sufficient certainty is of paramount importance in financial services. With BREXIT raising a number of complications on documentation but more importantly on enforcing English judgments...more

Dickinson, Mackaman, Tyler & Hagen, P.C.

Do I Really Have to Send These Crummey Notices? It Depends on the “Totality of Circumstances”

My last blog, The Crummey Side of Trust Banking, examined the basics of the Irrevocable Life Insurance Trust. One of the administrative steps included was sending notice to the beneficiaries with a right to demand a...more

Jones Day

Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable

by Jones Day on

Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers. Notable decisions have addressed, among other...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Holds That Fiduciary Duties Limit LLC Majority Members’ Ability to Adopt Amendments Aimed at Freezing Out...

Many LLC operating agreements expressly require the consent of all members to adopt or amend the operating agreement. However, some LLC operating agreements do not contain such a provision, and instead simply require the...more

White & Case LLP

Delaware Chancery Court Finds Material Adverse Effect Permitting Buyer to Walk Away from Merger Agreement

by White & Case LLP on

In a first-of-its-kind decision, the Delaware Chancery Court ruled that Fresenius Kabi AG was not required to close its $4.3 billion merger agreement with Akorn, Inc. because, after signing, Akorn suffered a Material Adverse...more

Dechert LLP

Recent Delaware Case Makes First Finding of "Material Adverse Effect": Key Takeaways

by Dechert LLP on

The recent decision of the Delaware Court of Chancery in Akorn, Inc. v. Fresenius Kabi AG et. al is the first time a Delaware court has found a material adverse effect in the M&A context, and reinforces current Delaware law...more

Ary Rosenbaum

Is University 403(b) plans the Dien Ben Phu of ERISA litigation?

by Ary Rosenbaum on

Casino is an underrated movie and it had a great line on the poster that said: “no one stays on top forever.” It’s a great tagline and I find it to be true. Just look at the New York Yankees between 1965 and 1976. Dien Ben...more

Pepper Hamilton LLP

General Contractor’s Unjustified Threats To Assess Delay Damages Against Subcontractor Are A Material Breach Of Contract

by Pepper Hamilton LLP on

Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) - This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the...more

Thomas Fox

Across the Board-Episode 22, Sheila Hooda, a 5 Year Retrospective

by Thomas Fox on

In this episode of Across the Board, I continue my celebration of 1000 podcasts on the Compliance Podcast Network. In this episode of Across the Board. I visit with Sheila Hooda about the changes she has seen at the Board...more

Dentons

How good is your guarantor?: A reminder of the distinction between a guarantee and an indemnity

by Dentons on

The High Court recently handed down its decision in Catalyst Business Finance v. Very Tangy Television Limited, Richard Tuckwell, Very Tangy Media Limited [2018] EWHC 1669 (QB). The judgment provides a useful reminder of the...more

Farella Braun + Martel LLP

Social Engineering Scam Covered By Cyber Insurance

by Farella Braun + Martel LLP on

The Sixth Circuit recently entered a ruling in American Tooling Center, Inc. v. Travelers Casualty and Surety Co. of America, 2018 WL 3404708 (6th Cir. July 13, 2018), soundly rejecting a cyber carrier’s extremely narrow...more

Shearman & Sterling LLP

Delaware Court Of Chancery Rules For The First Time That MAE Justifies Termination Of Deal

by Shearman & Sterling LLP on

In a first-of-its-kind ruling, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery ruled post-trial that Fresenius SE & Co. KGaA (“Fresenius”) properly terminated its $4.3 billion agreement to acquire Akorn,...more

Shearman & Sterling LLP

Southern District Of Florida Dismisses Certain Securities Fraud Claims For Failure To Adequately Allege Scienter And Sustains...

by Shearman & Sterling LLP on

On October 4, 2018, Magistrate Judge Bruce Reinhart of the United States District Court for the Southern District of Florida granted in part and denied in part a motion to dismiss claims asserted under Rule 10b-5 of the...more

Farrell Fritz, P.C.

Does This Decision Put the Brakes on Non-Unanimous Amendments to Operating Agreements?

by Farrell Fritz, P.C. on

Much digital ink has been spilled on this blog and elsewhere (Tom Rutledge’s terrific article can be read) concerning the ability of LLC controllers to adopt or amend an operating agreement without the consent of all members....more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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