News & Analysis as of

Business Torts Securities

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
Fox Rothschild LLP

Bay Area COVID-19 Regulations Tracker-UPDATED November 2020 #1

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In an effort to slow the spread of COVID-19, California on Aug. 31 released the Blueprint for a Safer Economy, with revised criteria for loosening and tightening restrictions on business, health and recreational activities at...more

Goodwin

Talking The Talk Versus Walking The Walk: Shareholder Suits Aim To Push Board Diversity And Punish Companies Supposedly Failing To...

Goodwin on

A lot of attention has been paid to board diversity – or lack thereof – in recent months. California enacted AB-979, which expanded upon California’s earlier gender diversity law and requires boards to make strides in other...more

Winstead PC

Court Addressed A Shareholder Derivative Suit Against Officers And Directors For Self-Interested Transactions, Misuse Of Company...

Winstead PC on

In Roels v. Valkenaar, a shareholder filed a shareholder derivative suit against former and current officers and directors of the company based on multiple claims of breach of fiduciary duty. No. 03-19-00502-CV, 2020 Tex....more

Farrell Fritz, P.C.

LLC Member Pays the Price For Not Sticking to Deadlock-Breaking Script

Farrell Fritz, P.C. on

When the management of a closely held business is controlled equally by two owners, it’s wise both to anticipate possible deadlock over major decisions and to provide in the constitutive documents a deadlock breaking...more

Kramer Levin Naftalis & Frankel LLP

New York Court of Appeals Distinguishes Marblegate, Holds Majority-Directed Strict Foreclosure Violates Indenture and Minority...

On October 22, 2020, in a 4-3 opinion, the Court of Appeals for the State of New York held that the right of certain dissenting minority noteholders to sue for nonpayment following a default survived a strict foreclosure,...more

Farrell Fritz, P.C.

The 2020 Elections Are Almost Over – What Now?

Farrell Fritz, P.C. on

Wither The Senate? I was reviewing a reorganization plan Saturday morning – coffee and chocolate chip cookies within easy reach – when an email crossed my screen with the subject line that each of NBC, CNN, ABC and the...more

Lathrop GPM

The Franchise Memorandum - Issue # 259

Lathrop GPM on

Colorado Federal Court Applies Forum Selection Clause to Non-Signatory Entities Controlled by Former Franchisees - A federal court in Colorado held that entities controlled by former franchisees were bound by the forum...more

Pullman & Comley - Labor, Employment and...

Supreme Court’s Sulyma Decision Creates Proof of Actual Knowledge Issue for Plan Fiduciaries

Since its adoption the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), has required employee benefit plan sponsors to make disclosures regarding plan terms and plan expenses.  The most well-known of...more

Fox Rothschild LLP

Business Court Amends Designation Procedure For Mandatory Complex Business Cases

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Effective November 5, 2020, the Business Court amended its procedure for litigants seeking designation to the Business Court for mandatory complex business cases. Of significance, the Court changed Sections II(b)(i) and (ii),...more

Benesch

Dialysis & Nephrology Digest - November 2020

Benesch on

Circuit Court revives DaVita claim that Ohio health plan violated MSPA discrimination provision - DaVita and DVA Renal Health sued the Marietta Memorial Hospital, its employee health plan and Medical Benefits Mutual Life...more

Hahn Loeser & Parks LLP

SBA Releases Loan Necessity Questionnaires For PPP Loans In Excess Of $2 Million

The U.S. Small Business Administration (“SBA”) has released two Loan Necessity Questionnaires – one for for-profit businesses, the other for nonprofits – for recipients of Paycheck Protection Program (“PPP”) loans of $2...more

Wiley Rein LLP

Pre-Policy Settlement Letter Deemed a “Claim,” Barring Coverage for Related Lawsuits

Wiley Rein LLP on

Applying California law, the United States Court of Appeals for the Ninth Circuit has held that a letter proposing an informal settlement received before the policy period constituted a claim, such that no coverage was...more

Jackson Lewis P.C.

Massachusetts Orders New Targeted COVID-19 Interventions Effective November 6, 2020

Jackson Lewis P.C. on

New Massachusetts Executive Orders going into effect at 12:01 a.m. on November 6, 2020, contain “targeted interventions” designed at slowing the spread of COVID-19. The interventions are aimed mainly at reducing the number of...more

BakerHostetler

AD-ttorneys@law – November 2020 #1

BakerHostetler on

“The Dog Ate My Plush Toy” Doesn’t Fly in Orca Case - Sea World prevails in bench trial when plaintiff fails to produce stuffed toy - Whale of a… Okay, okay, it’s a class action involving Sea World’s former orca shows—you...more

Farrell Fritz, P.C.

Limited Partnerships and the Self-Fulfilling Dissolution Petition

Farrell Fritz, P.C. on

If a written limited partnership agreement contains detailed provisions governing partner withdrawal and dissolution, can a court nonetheless look to the statutory “default rules” in the Revised Limited Partnership Act (the...more

Bryan Cave Leighton Paisner

COVID-19: High court issues preliminary ruling on interpretation of Material Adverse Effect clause

In a dispute between WEX (Inc.) (“WEX”) and the shareholders (the “Sellers”) of eNett International (Jersey) Limited (“eNett”) and Optal Limited (“Optal”), following an expedited trial on a number of preliminary issues, the...more

Bryan Cave Leighton Paisner

Disputes under Hotel Management Agreements in a COVID-19 World – Part III: Key Issues When Considering Dispute Resolution Clauses...

The COVID-19 pandemic has wreaked havoc on the hospitality sector, significantly impacting the financial performance of existing hotels and causing delays to new hotel projects. These impacts may result in hotel owners and...more

Barnea Jaffa Lande & Co.

COVID-19 does not justify breach or deviation of a contract When Its Arrival in Israel Was Foreseeable

An Israeli court recently rendered an interesting ruling on the impact of COVID-19. The case is question involved the lease agreement for the operation of a hotel. The lease agreement, executed in February 2020, provided...more

Farrell Fritz, P.C.

The Loss Of The Favorable Capital Gain Rate, The Exclusion Of Gain under Section 1202, And The Incorporation Of The Partnership

Farrell Fritz, P.C. on

If the Democrats Win- Science has not established – at least to my knowledge – any correlation between the pre-election year-end activities of individual business owners, on the one hand, and election outcomes, on the...more

Jackson Lewis P.C.

California Requires Board Diversity And Additional Company Disclosures

Jackson Lewis P.C. on

On September 30, 2020, California Governor Gavin Newsom signed a bill into law requiring publicly held corporations to further diversify their boards of directors. He also signed a bill requiring that corporations and limited...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - October 2020

Recent and significant regulatory and legislative events in the digital asset space demonstrate the evolving and expanding approach by U.S. and international regulators to the burgeoning digital asset markets. These...more

Weiner Brodsky Kider PC

CFPB Settles Lawsuit with Debt Collectors and Debt Buyers Group

Weiner Brodsky Kider PC on

On October 16, 2020, the U.S. District Court for the Southern District of California entered a Final Judgment and Order Approving a Joint Motion for Entry of Stipulation between the CFPB and a debt collector and buyer and its...more

Latham & Watkins LLP

Court of Appeal: Professional Privilege Must Pass the “Dominant Purpose” Test

Latham & Watkins LLP on

The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege. In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the...more

Freeman Law

Fraudulent Conveyances

Freeman Law on

Section 548 of the Bankruptcy Code provides a bankruptcy trustee (or the debtor-in-possession) the power to set aside or “avoid” certain transfers of the debtor’s assets out of the bankruptcy estate that may otherwise place...more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Takeaways | Developments and Trends in Securities Litigation: Mid-Year Update 2020

On September 15, 2020, Skadden held the first program in our annual Securities Litigation and Regulatory Enforcement Update, titled “Developments and Trends in Securities Litigation: Mid-Year Update 2020.” ... ...The...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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

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

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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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