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A&O Shearman

Delaware Court of Chancery finds that stockholder ratification following adverse judgment does not absolve findings of breach of...

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Subsequent to the post-trial opinion by Chancellor McCormick in January 2024, Tesla appointed a new independent director to serve on a newly created independent committee, which issued a report recommending that stockholders...more

Lathrop GPM

South Carolina Federal Court Denies a Motion to Dismiss a Dietary Supplement Company’s Trademark Infringement Claims in Connection...

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A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLC’s (collectively, Davachi) motion to dismiss Thorne Research, Inc.’s trademark...more

Bradley Arant Boult Cummings LLP

Mr. Musk Goes (Unhappily) to Delaware (Again): Takeaways From Musk’s Legal Saga for Private Company Owners

Delaware Chancellor Kathaleen McCormick held again last week that the pay package that Tesla’s board of directors awarded to Elon Musk in 2018 suffers from “fatal flaws,” and it was therefore rejected. This was the second...more

Stark & Stark

The Economic Loss Doctrine’s Preclusion of Tort Claims Related to a Breach of Contract

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In the context of a breach of contract action, one very important, often misunderstood, legal doctrine is the economic loss doctrine. In general, the purpose of this legal doctrine is to prevent a breach of contract case from...more

Seward & Kissel LLP

SEC Charges Former Chief Investment Officer of Registered Investment Adviser with Fraud

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Who may be interested: Registered Investment Companies; Registered Investment Advisers; Broker-Dealers; Boards of Directors - Quick Take: The SEC recently charged a former co-chief investment officer (CIO) of a registered...more

Allen Matkins

Court Rules That When Profits Are Hypothetical There Can Be No Civil Theft

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Under California Penal Code Section 496(a) a person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or...more

Farrell Fritz, P.C.

Diving Into the Shallow Waters of New York Law Permitting Elimination of LLC Managers' Liability for Breach of Fiduciary Duty

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There’s a ton of Delaware caselaw enforcing Section 18-1101 (c) of that state’s LLC Act as amended in 2004, authorizing LLC agreements to eliminate the members’ and managers’ liability for breach of fiduciary duty, the only...more

Goodwin

For Directors Setting up a Competing Business, What Is a Step Too Far?

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At what point do the steps a director takes to establish a competing business before resigning become unlawful? In the recent case of Cheshire Estate & Legal Ltd v Blanchfield & Ors, the Court of Appeal considered whether two...more

Patton Sullivan Brodehl LLP

The “Business Judgment Rule” Applies in LLCs Too

Corporate directors have long relied on the “business judgment rule,” under which their decisions are presumed to have been made “on an informed basis, in good faith, and in the honest belief that the action taken was in the...more

Ius Laboris

Big Fines for Anti-competitive Practices in Belgium

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The Belgian Competition Authority recently rendered a decision imposing significant fines totaling EUR 47 million on competitors guilty of a variety of anti-competitive agreements, including ‘no-hire’ clauses....more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

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A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

PilieroMazza PLLC

PPP Loans Under the Microscope: False Claims Act and Enforcement Trends

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While the COVID-19 pandemic may feel like a distant memory for many, its effects continue to reverberate for others—particularly for businesses that obtained loans through the Paycheck Protection Program (PPP). Whether...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – September/October 2024

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways....more

Bradley Arant Boult Cummings LLP

Preventing a Crash and Burn: Avoiding Future Business Divorces Through Company Governance That Addresses Minority Partner Concerns

Majority owners of private companies are empowered to exercise control over their businesses, but if they disregard the valid concerns of their minority partners, they may sow the seeds for a divisive business divorce in the...more

A&O Shearman

Mansion House: UK Government Announces Further Reforms To The Wholesale Markets Framework

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HM Treasury has published a policy paper announcing further reforms to the U.K.'s wholesale markets framework, a key part of the latest Mansion House reforms HM Treasury has committed to legislate to amend the Markets in...more

Dorsey & Whitney LLP

A Helpful Reminder of Utilizing a TRO to Keep the Trade Secret ‘Genie in the Bottle’

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A temporary restraining order (“TRO”) followed by a preliminary injunction is often essential for a company to maintain the trade secrets status of its information that is being misappropriated. Typically, once the...more

A&O Shearman

IRS creates a standardized Section 83(b) Election form

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On November 7, 2024, the U.S. Internal Revenue Service (the IRS) released Form 15620,1 which standardizes elections under section 83(b) of the Internal Revenue Code of 1986, as amended (the “Code,” and such elections,...more

Sheppard Mullin Richter & Hampton LLP

CFPB Study Finds Differential Treatment in the Small Business Lending Market

On November 13, the Consumer Financial Protection Bureau released a “pilot study” on the small business lending market revealing “significant disparities” in how lenders treat black and white small business owners. As part of...more

Bass, Berry & Sims PLC

NLRB Releases Two Major Decisions Less Than a Week Apart

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The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the...more

Conn Kavanaugh

Prenuptial Primer

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Many people associate the word “prenup” with celebrities or the rich and famous, and it’s possible that the only time a person has heard anything about prenuptial agreements is in music or the movies. The truth is that anyone...more

Steptoe & Johnson PLLC

National Labor Relations Board Ditches Decades-Long Precedent on Employers’ Unionization Threats

Steptoe & Johnson PLLC on

On November 8, in Siren Retail Corp., 373 NLRB No. 135 d/b/a Starbucks, the National Labor Relations Board (NLRB or Board) overturned its categorical rule that immunized nearly all employers’ statements concerning the effects...more

K&L Gates LLP

Emma Sleep Hit Snooze on CMA’s Guidance and Got a Rude Awakening—a Warning for Online Traders to Check Their Sales Tactics Are...

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In the lead-up to Black Friday, online traders should take heed of the latest laws governing online pricing practices and displays to avoid being “marked down” by the regulators, who are flexing their muscles in this space....more

Farrell Fritz, P.C.

Good Cause or Gamesmanship: A Review of “Good Cause” in the Commercial Division

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As my colleague, Matt Donovan, recently blogged, it is essential for litigants to “play[] nice in the litigation sandbox” or risk facing the ire of the Justices in the Commercial Division. Many litigants might think they are...more

Mayer Brown

New Ruling Limits Jurisdiction of Texas Business Courts

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On October 30, the Dallas Business Court issued a long-awaited ruling of first impression, holding that Texas’ newly formed business courts have no jurisdiction over cases already in existence prior to September 1, 2024....more

BCLP

AI & Your Business: Libel Risks

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As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of...more

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