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Results: 1-10 of 81

NLRB won’t budge on class action waivers: finds that Murphy Oil’s mandatory arbitration agreements violate the NLRA

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • November 4 2014

On October 28, 2014, the National Labor Relations Board (the "Board") again held that employers violate Section 7 of the National Labor Relations Act

Sixth Circuit articulates new standard for evaluating corporate scienter in securities fraud claims

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • October 17 2014

On October 10, 2014, the Sixth Circuit revisited the standard for pleading scienter and a material misrepresentation or omission to support a

Learning from bid protests: with late proposals, Government caused delays only matter at agency location

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • October 13 2014

The general rule regarding late proposals is that offerors are responsible for ensuring that their proposals reach the designated location by the

Terminated employee entitled to union representation prior to taking reasonable suspicion drug test

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 22 2014

The National Labor Relations Board (NLRB), in agreeing with an administrative law judge's (ALJ) April 2013 ruling, has held that suspending and

Delaware Chancery Court upholds forum-selection bylaw specifying non-Delaware jurisdiction

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 18 2014

The Delaware Court of Chancery recently ruled that the Board of Directors of a Delaware corporation may amend its bylaws to specify a forum other

Supreme Court preserves fraud-on-the-market theory in Halliburton

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 11 2014

June 23, 2014, the U.S. Supreme Court released its decision in Halliburton v. Erica P. John Fund, No. 13-317. As discussed in our previous alert, the

Delaware Supreme Court upholds validity of fee-shifting bylaws; legislative proposal to restrict such bylaws held over until next year

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 11 2014

On May 8, 2014, the Delaware Supreme Court issued a decision in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014), holding that a

Supreme Court holds that a "presumption of prudence" is no longer available to ERISA fiduciaries who invest plan assets in company stock

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 11 2014

On June 25, 2014, the U.S. Supreme Court released another much anticipated decision in Fifth Third Bancorp v. Dudenhoeffer, No. 12-751, 2014 U.S

Second Circuit affirms shareholder opt-out requirements

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 11 2014

On June 11, 2014, the Court of Appeals for the Second Circuit affirmed by summary order a lower court decision not to afford a member of a

Sixth Circuit affirms dismissal of section 10(b) claims on loss causation grounds

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • September 11 2014

In In re KBC Asset Mgmt. N.V., 2014 U.S. App. LEXIS 13489 (6th Cir. July 11, 2014), the Sixth Circuit affirmed the trial court's dismissal of a claim