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Results: 1-10 of 79

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

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

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

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

Second Circuit clarifies “protected activity” for Sarbanes-Oxley Act retaliatory discharge claims

  • Bass, Berry & Sims PLC
  • -
  • USA
  • -
  • August 15 2014

Whether the plaintiff is actually engaged in "protected conduct" is always a key question when defending a retaliatory discharge claim. This

Religious discrimination employee’s failure to note religious objection fatal to her claim

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

Savvy employers know that legal and regulatory trends are toward candid and effective communication. Think interactive process under the ADA. But, at