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Results: 1-10 of 75

Attendance at executive committee meetings insufficient to satisfy group pleading doctrine

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • October 22 2010

The U.S. District Court for the Southern District of New York recently granted defendants’ motions to dismiss a consolidated class action asserting claims for securities fraud in violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 brought by shareholders of Celestica, Inc., a Canadian electronics corporation, against the company and its former officers, as well as against Onex Corporation, the largest controlling shareholder of Celestica, and Onex’s CEO (together, the Onex defendants) based on, among other things, the plaintiffs’ failure to plead fraud with the specificity required by Rule 9(b) of the Federal Rules of Civil Procedure

Alleged financial distress insufficient to support grant of preliminary injunction

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • July 15 2011

The Delaware Court of Chancery denied a request for a preliminary injunction, finding that allegations of "financial distress" failed to demonstrate the imminent, irreparable harm required to obtain immediate injunctive relief

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

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • 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

Whistleblower must provide information to the SEC to state a retaliation claim under Dodd-Frank

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • May 13 2011

A New York federal district court recently ruled that, with limited statutorily defined exceptions, a whistleblower asserting private relation claims under the Dodd-Frank Wall Street Reform and Consumer Protection Act must allege that the information he provided was reported to the Securities and Exchange Commission

District court limits the Sarbanes-Oxley Act’s whistleblower protections

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • February 12 2010

The U.S. District Court for the Western District of Washington has dismissed on summary judgment whistleblower claims brought by two former compliance auditors of the Boeing Company, Inc

Court holds late fee provision is not liquidated damages provision

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • October 23 2009

The United States District Court for the District of Delaware denied defendant issuer’s motion to dismiss plaintiff’s claims for actual damages resulting from the defendant’s failure to file a registration statement within the time period required by the parties’ agreement

District Court grants motion to dismiss fraud claim against corporate officers

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • 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

Delaware Court upholds transfer of voting interests to an existing LLC member

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • August 12 2011

The Delaware Court of Chancery has upheld the assignment of a Delaware limited liability company membership interest, including the voting rights associated with that interest, to an existing member of the LLC

Start-up company fails to recover profits

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • December 17 2010

A federal court in New York recently ruled that a start-up mineral water company had no recourse to the "wrongdoer rule," which permits a complainant to recover damages in a breach of contract action even if the amount of damages is uncertain, because the company did not have sufficient proof that it suffered any damages at all

Seventh Circuit cuts damages award due to lack of evidence of lost profits

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • September 9 2011

The U.S. Court of Appeals for the Seventh Circuit dramatically reduced damages awarded to a defunct internet marketing company, finding that the company squandered its opportunity to provide a reasonable estimate of the harm it suffered as a result of the defendant’s conduct