News & Analysis as of

Inspection Rights

Arnall Golden Gregory LLP

Surprise, Surprise: FDA Announces Plans to Increase Number of Unannounced Inspections at Foreign Manufacturing Facilities

In their song, “Surprise, Surprise,” the Rolling Stones lamented about being caught off guard by a disappointing relationship. Sixty years later, foreign manufacturers may face the surprise of an unannounced inspection by the...more

Goodwin

What Are “Books and Records”? Delaware Reduces Uncertainty Surrounding Stockholder Inspection Rights

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With the whirlwind of recent events threatening Delaware’s standing as the preeminent jurisdiction for incorporation in America, press coverage understandably has centered around certain high-profile billionaires and the...more

International Lawyers Network

Establishing a Business Entity in Italy (Updated)

1. Types of Business Entities - Italian law provides multiple forms of organizational structures to do business in Italy. They differ from one another due to the extent of liability undertaken by its members. In...more

Bradley Arant Boult Cummings LLP

No. 10: Unlocking the Secrets of OSHA Inspections Through FOIA Requests

Did you know that you can request files from OSHA? Under the Freedom of Information Act (FOIA), employers, employees, and third parties have the right to request documents from OSHA’s inspection files. These records provide...more

International Lawyers Network

Buying and Selling Real Estate in Ecuador (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ECUADOREAN LAW - Real Estate acquisitions typically involve several key stages, ultimately leading to the transfer of ownership. The most common phases include: 1) Initial...more

Farrell Fritz, P.C.

Foreign Affairs of the Books and Records Kind

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Some years ago, the question whether New York courts have subject matter jurisdiction over petitions to dissolve foreign business entities garnered much interest amongst business divorce lawyers and on this blog. The debate...more

Fox Rothschild LLP

Delaware Chancery Court Reinforces Strict Requirements for Section 220 Demands in Floreani v. FloSports Decision

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On October 31, 2024, the Delaware Court of Chancery issued a letter opinion in Martin Floreani v. FloSports, Inc. that underscores Delaware’s exacting standards for stockholder inspection rights under 8 Del. C. § 220...more

Fox Rothschild LLP

Wide Access for Inspecting LLC’s Records has Narrow, but Crucial, Guideposts

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As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to press the right buttons. In Extra Care, LLC...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

After a Long Warm-Up, OSHA’s Proposed ‘Walkaround Rule’ Gets OIRA’s Final Approval to Run (in the Federal Register)

A yearslong saga seems to be coming to an end now that the Office of Information and Regulatory Affairs (OIRA) has completed its review of the Occupational Safety and Health Administration’s (OSHA) “walkaround rule,” 29...more

Allen Matkins

Can The California Attorney General Enforce The Inspection Rights Of Stockholders And Directors Of Delaware Corporations?

Allen Matkins on

The California General Corporation Law expectedly grants inspection rights to shareholders and directors of California corporations.  Unexpectedly (at least to practitioners outside California), the GCL extends those rights...more

International Lawyers Network

Establishing a Business Entity in Italy (Updated)

1. Types of Business Entities - Italian law provides multiple forms of organizational structures to do business in Italy. They differ from one another due to the extent of liability undertaken by its members. In...more

Farrell Fritz, P.C.

Proceed with Caution: Strategy Considerations Before Making a Books and Records Demand

Farrell Fritz, P.C. on

The books and records demand often is the opening act in business divorce litigation. The relatively low burden that an owner must meet in order to obtain access to a company’s books and records, and the availability of an...more

Seyfarth Shaw LLP

Be Ready to Defend the Castle: Employers Need a Written OSHA Inspection Management Policy

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Federal OSHA conducted 24,333 onsite inspections in 2021, resulting in thousands of citations. Make no mistake, OSHA (and especially Cal/OSHA) have been gearing up with a new generation of compliance officers, training them...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Signals Rulemaking to Broaden Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections

In February 2013, during the early months of the second term of the Obama administration, a standard interpretation related to Occupational Safety and Health Act regulations at 29 C.F.R. § 1903.8(c) that later became known as...more

Bilzin Sumberg

2023 Legislature Responds with Condominium “Glitch Bill”

Bilzin Sumberg on

Contributing Factors to Condo Terminations - A Blog Series - On June 9, 2023, Governor DeSantis signed Senate Bill 154 (“SB 154”) into law. This was the highly anticipated “glitch bill” to address technical issues with...more

Fox Rothschild LLP

A Corporate Riddle: When are Three Director Seats on a Five-Member Board not a Majority?

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Adam Downing had a rather ordinary request under North Carolina corporate inspections law. As a shareholder in Cycle Holdings, Inc. he wanted to inspect financial and business records of Cycle Labs, Inc. – a holding of Cycle...more

Patton Sullivan Brodehl LLP

Shareholder Inspection Rights Are Not An Automatic Right To Attorneys’ Fees

Recently the Court of Appeals has addressed a director’s inspection rights, and shareholder inspection rights and the associated opportunity to recover attorney fees and other expenses incurred in securing the inspection of...more

Patton Sullivan Brodehl LLP

A Director’s Right Of Inspection Is Absolute And Subject Only To Extreme Exceptions

This year the Court in Fowler v. Golden Pacific BanCorp, Inc. (2022) 80 Cal.App.5th 205, expressly affirmed a director’s broad right of inspection, subject to extreme exceptions. The source of the dispute stemmed from an...more

International Lawyers Network

Establishing A Business Entity In Italy (Updated)

1. Types of Business Entities - 1.1 Premises - The Italian law provides multiple forms of organizational structures in order to do business in Italy, which differ from one another due to the extent of the liability...more

Orrick, Herrington & Sutcliffe LLP

9th Circuit concludes district attorneys can sue national banks in state court

On February 27, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s decision to abstain from enjoining a state action brought by a California county district attorney (DA) against a national bank,...more

Morris James LLP

Chancery Finds That Stockholder’s Broad Section 220 Demand Lacked The Precision And Plus Factors Required To Entitle Shareholder...

Morris James LLP on

Oklahoma Firefighters Pension & Ret. Sys. v. Amazon.com, Inc., C.A. No. 2021-0484-LLW (Del. Ch. June 1, 2022) - In reviewing the propriety of a stockholder’s Section 220 demand to inspect corporate records, Delaware courts...more

Goldberg Segalla

How to Respond When OSHA Knocks

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Learn what to expect during an OSHA inspection and how to handle the entire OSHA inspection process with confidence. Goldberg Segalla’s Michael Rubin and Kate Badey of Safety Consultants USA will provide practice pointers for...more

Goldberg Segalla

[Webinar] How to Respond When OSHA Knocks - October 13th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Learn what to expect during an OSHA inspection and how to handle the entire OSHA inspection process with confidence. Goldberg Segalla’s Michael Rubin and Kate Badey of Safety Consultants USA will provide practice pointers for...more

WilmerHale

Recent Decisions From Delaware Court of Chancery Slow Trend Toward Wider Inspection in Corporate Books and Records Demands

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Corporate books and records demands are on the rise. And as the Delaware courts have made it easier for shareholders to demonstrate a proper purpose to seek inspection, corporations increasingly must defend these actions by...more

Fox Rothschild LLP

Court Sharply Limits Attorney Fee Award in Dispute Over Access to Corporate Records of Charlotte Country Club

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For the golf fan curious about the finances and back-office maneuvering of “Big Golf,” nothing has been better than the LIV Golf-PGA Tour throwdown played out in dueling press conferences, snippy tweets, and Saudi-funded...more

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