News & Analysis as of

Directors Summary Judgment

Rivkin Radler LLP

The Trust Fund Penalty – Times May be Tough, But Don’t “Borrow” from Withheld Taxes

Rivkin Radler LLP on

It’s wonderful to be part of a successful business, especially in a strong economy. The owners are probably enjoying a more than just decent return on their investment and, in most cases, are getting along well enough. The...more

A&O Shearman

Settling more than you bargained for: release clause in director's compromise agreement defeats subsequent IP claims against...

A&O Shearman on

A release in a director’s settlement agreement was sufficiently wide to cover liability for later claims of trade mark infringement and passing off against the director and two co defendants. Oran Pre-Cast Ltd v Oranmore...more

Foley & Lardner LLP

A Compilation of Non-Enforcement and Enforcement Actions

Foley & Lardner LLP on

Non-Enforcement - Mutual Fund Directors Must Be Vigilant in Addressing Risks - In remarks to the Mutual Fund Directors Forum, SEC Chair Mary Jo White outlined some of the risks and challenges that mutual fund...more

Manatt, Phelps & Phillips, LLP

Bank Directors, Officers Win Dismissal of FDIC Suit

Almost all cases brought by the FDIC in the last few years against former directors and officers of failed banks have been resolved by negotiated settlements. However, in a recent decision, a federal court judge in North...more

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