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Second Circuit affirms Madoff trustee's net equity calculation

Katten Muchin Rosenman LLP
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USA
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August 19 2011

The United States Court of Appeals for the Second Circuit found in favor of the trustee (the Trustee) presiding over the liquidation of Bernard L. Madoff Investment Securities (BMIS), affirming the Trustee’s calculation of “net equity” in the BMIS liquidation

Directors' bonuses tied to sale rendered them interested

Katten Muchin Rosenman LLP
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USA
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June 10 2011

The Delaware Court of Chancery sustained in part the claims of a plaintiff investor challenging a company's sale of its primary asset based upon allegations that the vote of the individual director defendants approving the sale was tainted by bonuses they received tied to that sale

Delaware has jurisdiction over corporation based on claims arising out of performance of predecessor's contracts

Katten Muchin Rosenman LLP
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USA
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June 10 2011

The Superior Court of Delaware recently denied a motion to dismiss for lack of personal jurisdiction, holding that, following a merger, the defendant corporation continued to transact business within Delaware and, in connection with that business, caused injury within the state

Delaware Chancery rejects purported agreement extending court-ordered deadline

Katten Muchin Rosenman LLP
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USA
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May 6 2011

The Court of Chancery of Delaware ruled that counsel failed to establish "excusable neglect" when it requested additional time to submit an expert witness report after the deadline for that reportas provided for in the court's previously issued scheduling orderhad expired

Employment contract claims survive motion to dismiss

Katten Muchin Rosenman LLP
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USA
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May 6 2011

The U.S. District Court for the Southern District of New York denied defendants' motion to dismiss a complaint alleging that defendants improperly used confidential business information and solicited plaintiffs' employees and customers in contravention of defendants' employment agreements

Delaware court authorizes new theory of tortious interference with contract

Katten Muchin Rosenman LLP
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USA
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April 15 2011

Deciding an issue of first impression, the Superior Court of Delaware recently authorized the assertion of claims based on a new theory of tortious interference with contract, but ruled that the plaintiff failed to state a claim under that theory

Ninth Circuit upholds Facebook settlement

Katten Muchin Rosenman LLP
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USA
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April 15 2011

The U.S. Court of Appeals for the Ninth Circuit upheld a lower court's approval of a settlement agreement entered into by The Facebook, Inc. and individual litigants, Cameron and Tyler Winklevoss and Divya Narendra (the Winklevosses), who claimed that the idea for the popular social networking site had been stolen from them

Shareholder suit dismissed for insufficient scienter allegations

Katten Muchin Rosenman LLP
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USA
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February 25 2011

The U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of a consolidated securities fraud action, holding that the complaint's scienter allegations did not meet the required heightened pleading standards

Manufacturer's breach of contract claims survive improper remedy demand

Katten Muchin Rosenman LLP
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USA
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February 25 2011

The U.S. Court of Appeals for the Eighth Circuit reversed a trial court's dismissal of claims relating to a shipping dispute between a manufacturer and a distributor, holding that plaintiff's selection of an improper remedy in its demand for relief was not fatal to its claims

Fiduciary duty imputation case proceeds to trial

Katten Muchin Rosenman LLP
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USA
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January 21 2011

The U.S. District Court for the District of New Jersey denied a motion for partial summary judgment, ruling that the contested issue, whether a conceded breach of fiduciary duty by two individual defendants could be imputed to corporate defendants, should go to trial

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