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SEC seeks repayment of executive compensation based on Sarbanes-Oxley Act

Katten Muchin Rosenman LLP
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USA
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April 13 2012

The Securities and Exchange Commission recently filed a complaint in Federal Court in Texas against Michael A. Baker, the former Chief Executive Officer of ArthroCare Corporation (ArthroCare), and Michael T. Gluk, its former Chief Financial Officer, asserting claims under Section 304 of the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley

Seller entitled to post-closing bonus payment despite changes to transaction terms

Katten Muchin Rosenman LLP
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USA
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April 13 2012

The Delaware Supreme Court recently reversed a Superior Court’s grant of summary judgment in a case involving the sale of a renewable energy business

Missouri court holds that economic loss doctrine bars plaintiff's tort claims

Katten Muchin Rosenman LLP
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USA
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March 16 2012

A Missouri district court recently ruled that a negligent misrepresentation claim was barred by the economic loss doctrine in a case involving a merchant-to-merchant sale of allegedly defective products

Court applies alter ego doctrine to deny motion to dismiss for lack of personal jurisdiction

Katten Muchin Rosenman LLP
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USA
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March 16 2012

An Arizona district court recently relied on the alter ego doctrine to deny a motion to dismiss for lack of personal jurisdiction in a case involving breach of a partnership agreement and trademark infringement

Courts lack jurisdiction to review determinations by arbitration panels under the Railway Labor Act

Katten Muchin Rosenman LLP
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USA
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February 10 2012

The U.S. Court of Appeals for the Fifth Circuit recently held that collective bargaining agreements cannot provide for judicial review of the Railway Labor Act’s (RLA) exclusive and mandatory dispute resolution process

Incomplete and unfinished documents may satisfy statute of frauds

Katten Muchin Rosenman LLP
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USA
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February 10 2012

The U.S. Court of Appeals for the Fifth Circuit recently held that documents referenced in an agreement may satisfy the statute of frauds even if those documents are not finalized

Delaware standing requirements do not apply to derivative suit involving Spanish corporation's Delaware subsidiary

Katten Muchin Rosenman LLP
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USA
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January 6 2012

The plaintiff, Sagarra Inversiones, S.L. (Sagarra), the minority shareholder in Corporación Uniland S.A. (Uniland), a Spanish Corporation, sought to rescind the sale to Uniland of Giant Cement Holdings, Inc. (Giant), a company controlled by the defendant, Cementos Portland Valderrivas (CPV), the majority shareholder of Uniland

Federal district court stays state court discovery pursuant to slusa

Katten Muchin Rosenman LLP
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USA
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January 6 2012

The plaintiff filed a class action suit in the U.S. District Court for the Southern District of California, alleging that the defendants omitted material facts from a proxy statement, breaching their fiduciary duties and violating the Securities Exchange Act of 1934

District Court grants motion to dismiss fraud claim against corporate officers

Katten Muchin Rosenman LLP
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USA
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November 4 2011

The U.S. District Court for the Eastern District of Pennsylvania granted a motion to dismiss a fraud claim against two corporate officers in a case arising out of a failed business relationship between two companies that sell products used in fundraising efforts

Fourth Circuit holds that contractual language does not compel court to grant equitable relief

Katten Muchin Rosenman LLP
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USA
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November 4 2011

The U.S. Court of Appeals for the Fourth Circuit recently affirmed the denial of a preliminary injunction motion by Bethesda Softworks, LLC, finding that the district court did not abuse its discretion by looking to factors outside of the agreement between the parties in ruling on the motion

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