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Results: 1-10 of 95

S.D.N.Y. dismissal in Amex indicates how courts should analyze suits spawned by credit crisis

  • Locke Lord LLP
  • -
  • USA
  • -
  • October 1 2008

The United States District Court for the Southern District of New York recently dismissed for a second time a federal securities class action against American Express Co. (“Amex”

New Jersey appeals court holds pollution exclusion does not apply to D&O claim related to asbestos disclosures

  • Locke Lord LLP
  • -
  • USA
  • -
  • October 14 2008

The New Jersey Superior Court, Appellate Division recently held that a pollution exclusion contained in a D&O liability policy does not bar coverage for shareholder claims alleging fraudulent statements in SEC disclosures concerning alleged pollution

D&O policy exclusion barring coverage for securities suits is not limited to only the insured's securities

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 24 2008

The Eighth Circuit Court of Appeals recently upheld an exclusion in a D&O policy barring coverage for suits against officers and directors arising out of the underwriting and sales of securities

Court rules that policy does not cover advertising or personal injury arising from restaurant's failure to comply with credit card privacy laws

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 1 2008

In Whole Enchilada Inc. v. Travelers Property Casualty Co., No. 07-1533, 2008 WL 4442061 (W.D. Pa. Sept. 29, 2008), Pennsylvania U.S. District Judge Nora Barry Fischer ruled that Whole Enchilada’s two commercial general liability policies issued by Travelers Property Casualty Co. does not cover a class action lawsuit brought against it for printing too much credit card information on customers’ receipts in violation of federal law

Not just any secret is a trade secret

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 9 2007

If you whispered something in someone’s ear, but did so loudly enough that others nearby could hear it, would it still be a secret?

Second Brocade executive convicted in backdating prosecution

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 7 2007

On December 5, 2007, following a 5 12 day trial in the U.S. District Court for the Northern District of California, a jury convicted Brocade's former head of human resources, Stephanie Jensen, of falsifying corporate records and conspiracy

Delaware Court of Chancery orders disclosure of special committee communications with counsel

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 20 2007

In a seemingly routine discovery order issued in the Maxim stock-option backdating case, the Delaware Court of Chancery issued a decision that could have major ramifications for special committee practice

Supreme Court rules against investors to limit shareholder suits

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 15 2008

In a highly anticipated decision issued this morning, the U.S. Supreme Court upheld the dismissal of a shareholder lawsuit where the plaintiffs failed to establish reliance on any statements made by the defendants

NY Court of Appeals introduces derivative liability exposure to LLC managers

  • Locke Lord LLP
  • -
  • USA
  • -
  • February 27 2008

On February 14, 2008, a divided New York Court of Appeals held that a member of a New York limited liability corporation (often referred to simply as a "LLC") could bring a derivative lawsuit on behalf of the LLC against the entity's managers

Current issues in D&O and E&O coverage investigations: SDNY holds that Credit Suisse waived work product privilege by disclosing internal investigation memoranda to the government

  • Locke Lord LLP
  • -
  • USA
  • -
  • February 25 2008

If outside counsel for a company drafts factual memoranda concerning an internal investigation conducted in response to alleged wrongdoing, and then voluntarily shares the memoranda at the company’s direction with government investigators, has the company waived the work product privilege?