News & Analysis as of

Business Litigation

Leaving the Contractual Term “Voting Power” Undefined Could Be Risky Business

What does the contractual term “voting power” mean? Does it refer only to the power to elect corporate directors, or does it refer to the power to vote on any fundamental matter of corporate governance? Is voting power an...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Lyft, armed with a fresh billion from Google’s venture investment arm (CapitalG), is looking seriously at a 2018 IPO. The CapG money raises Lyft’s valuation from $6.9 billion to more than $10 billion....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

American Express Chair and CEO Kenneth Chenault announced that he’s stepping down next year after 16 years at the helm of AmEx. He’ll be succeeded by Vice Chair Stephen Squeri....more

Jurisdictional Discovery: When and Why It’s Available

by Farrell Fritz, P.C. on

Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International...more

Incorporation Condition In Confidentiality Agreement Upheld In Books And Records Action

by Fox Rothschild LLP on

In the recent DGCL Section 220 books and records decision of The City of Cambridge Retirement System v. Universal Health Services, Inc., C.A. No. 2017-0322-SG (Del. Ch. Oct. 12, 2017), the Court of Chancery considered the...more

Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits

by Hogan Lovells on

Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small...more

Has Rule 11-c Made Nonparties’ Yoke Easy and Burden Light When It Comes to e-Discovery?

by Farrell Fritz, P.C. on

As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted following a...more

Business Litigation E-Note - September 2017

by Burr & Forman on

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016...more

Business Litigation Alert: "Is the Litigation Climate in Texas Really Business Friendly?"

by Porter Hedges LLP on

The U.S. Chamber of Commerce recently released its 2017 Lawsuit Climate Survey. The survey ranks each state according to how “litigation-friendly” it is towards businesses based on the “perception” of those businesses. ...more

Instant Litigation; A Bus You Cannot Ride And A Really Big Switch

by SmithAmundsen LLC on

My wife is an executive with a large corporation. Recently she asked me if "instant litigation" was a legal term. I was surprised. I told her no, but I wondered what "instant" litigation might be. Was it a powder or maybe a...more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Arbitration: a new forum for business and human rights disputes?

by Hogan Lovells on

As the international community turns its focus to the third pillar of the UN Guiding Principles on Business and Human Rights – “Access to Effective Remedy” is the central theme of the upcoming 2017 UN Forum on Business and...more

Court Of Chancery Addresses The Need For Legally-Distinct Co-Conspirators Under A Conspiracy Theory Of Jurisdiction

by Morris James LLP on

The general rule is that personal jurisdiction based on a conspiracy theory cannot rely on allegations of an individual officer conspiring with his corporate employer. There is a possible exception, however, when the officer...more

Why Can't Litigation Fix What Is Broken

by SmithAmundsen LLC on

Years ago I had a client in a cutthroat business. They sold a product which was a commodity consumed by businesses. Competition was on service and service could only be so good. His competitors were bona fide bad guys. ...more

Court Of Chancery Upholds Claim Based On Low-Ball Self Tender

by Morris James LLP on

Buttonwood Tree Value Partners L.P. v. R.L. Polk & Co. Inc., C.A. No. 9250-VCG (July 24, 2017) - This an interesting decision because it upholds a claim that the controllers of a Delaware corporation breached their...more

Corporate Lawyers Wary Of Bids To Break Up 9th Circ.

Brian Goldman, a senior associate in Orrick’s Supreme Court & Appellate practice, recently spoke with Law360 regarding several bills that have been recently introduced to split up the Ninth Circuit. Brian noted, “It’s not...more

Follow the Money and Beware the Extra “L”: First Department Sustains Claims against Fund Administrator After Hackers Grab Millions

A legal feud is underway between the world’s biggest hedge fund administrator and a former client over an email scam that resulted in hackers stealing millions in client funds. And not surprisingly, the time-honored...more

Commercial Division Considers Creating Large Complex Case List

A specialized list for blockbuster commercial cases in New York’s Commercial Division is under consideration. If designated as a Large Complex Case on the “Large Complex Case List,” the case will be subject to enhanced case...more

Doctrine, Doctrine … Give Me the News

by Butler Snow LLP on

There are approximately 500 legal doctrines referenced in Black’s Law Dictionary. And there are more where those came from. Legal doctrines – many of which originated before the United States was in existence – routinely...more

Business Litigation Alert - "Enterprise Products v. ETP: No Legal Obligation really means No Legal Obligation"

by Porter Hedges LLP on

A Texas Court of Appeals ruled this week that when companies agree in writing that they have no legal obligations to proceed with a project, they mean it. That may appear to be a simple concept but a jury came to a different...more

Court Addresses Formation of Accidental Partnerships in Long-Awaited Enterprise v. Energy Transfer Appeal

by Locke Lord LLP on

The Dallas Court of Appeals yesterday issued its opinion in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. , in which the court reversed a judgment of more than $500,000,000 rendered after a jury...more

Business Litigation Alert: "Is Your Company Paying Its Board Members Too Much?"

by Porter Hedges LLP on

The Challenge of a Well-Paid Board - You get what you pay for, right? Conventional wisdom says that the more you pay for something – a car, a suit, a handbag – the higher the quality....more

The Fine Print - Summer 2017 - Litigation

The Summer 2017 issue of The Fine Print focuses on litigation and features articles on vehicle insurance claims, managing construction risks, what to know when buying a loan and more. Please see full Publication below for...more

It’s Never Too Late to Gain Allies in Business Divorce Litigation

In closely-held businesses in New Jersey with multiple owners, it seems fairly obvious that the more co-owners you can recruit to your side in a business divorce litigation, the better. You don’t need a lawyer to tell you...more

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

by Weintraub Tobin on

Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow...more

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