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Second Circuit holds non-signatory may be bound by predecessor’s forum selection clause

Katten Muchin Rosenman LLP
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USA
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October 30 2009

In 1993, Aguas Argentinas, S.A. entered into a concession agreement with the Argentinean government to modernize and operate the Buenos Aires residential water and sewer system and collect fees for its use

Fiduciary duty claim survives against non-officer

Katten Muchin Rosenman LLP
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USA
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December 17 2010

A federal court in Kentucky recently ruled that a former manager at a medical device manufacturer could be liable for breach of fiduciary duty for planning to start a rival business while working at the company despite not serving as either an officer or director of the firm

Statute of frauds bars claim for recommending investment in Ponzi scheme

Katten Muchin Rosenman LLP
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USA
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July 31 2009

The Second Circuit Court of Appeals affirmed the Southern District of New York’s dismissal of a complaint by South Cherry Street, LLC, alleging that Hennessee Group LLC breached an oral contract to provide investment advisory services

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

Plaintiffs fail to meet heightened PSLRA pleading standard

Katten Muchin Rosenman LLP
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USA
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March 13 2009

Plaintiffs, purchasers of stock in defendant Orthoclear Holdings, Inc. (Orthoclear), a company that manufactured clear plastic devices to straighten teeth, brought an action arising out of Orthoclear’s purported statements regarding the merits of a litigation in which it was involved

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

Katten Muchin Rosenman LLP
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USA
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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

Third tier civil penalty imposed for violations of securities laws

Katten Muchin Rosenman LLP
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USA
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July 31 2009

The U.S. District Court for the District of Minnesota imposed a third tier civil penalty against defendants Sherwin Brown and Jamerica Financial, Inc., who were found to have violated Section 17(a) of the Securities Act of 1933, Section 10(b)(5) of the Securities Exchange Act of 1934, and the Investment Advisors Act of 1940

Delaware Chancery Court upholds Airgas's poison pill

Katten Muchin Rosenman LLP
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USA
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February 18 2011

The Delaware Chancery Court recently upheld the use of a shareholder rights plan, or “poison pill,” by Airgas, Inc. (Airgas) to ward off a hostile takeover attempt by Air Products and Chemicals, Inc. (Air 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

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

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