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Results: 1-10 of 2,853

Employee wrongfully terminated for complaining about fraud

  • Fenwick & West LLP
  • -
  • USA
  • -
  • January 8 2008

In Casella v. SouthWest Dealer Services, Inc., a California court of appeal affirmed a jury verdict for wrongful termination in violation of public policy against a company selling extended warranties

Notice of prior suit against company does not constitute adequate notice of later suit against directors and officers

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 8 2008

A Florida appellate court has held that a D&O policy issued to a company does not afford coverage for shareholder lawsuits against directors and officers of the company (the "Shareholder Suit") filed after the policy expired, even though the company had tendered during the policy period a lawsuit filed against the company over a failed merger as well as a state insurance investigation into the company's reserve levels (the "Prior Proceedings") because the Prior Proceedings did not provide the insurer with sufficient notice that the earlier matters could lead to shareholder suits against the company's directors and officers

First Delaware decisions on option grant dating: Ryan v Gifford and In Re Tyson Foods, Inc. Consol. Shareholder Litig.

  • Fenwick & West LLP
  • -
  • USA
  • -
  • February 12 2007

In two separate decisions issued on February 6, the Delaware Chancery Court weighed in for the first time on issues directly relating to the current wave of stock option matters

No coverage for breach of contract claims against company and its officer

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 12 2007

A California intermediate appellate court, applying California law, has held that a professional liability policy does not afford coverage for breach of contract claims asserted against a company and one of its officers

Federal Court permits corporate issue ads near an election

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 19 2007

By a 2-1 vote in an opinion written by the highly respected Judge Sentelle, a special three-judge district court of the US District Court for the of Columbia held that corporations have a first Amendment right to fund “true issue ads” during elections, even though they mention candidates and thus fall within the definition of “electioneering communications” found in the Bipartisan Campaign Reform Act (BCRA) of 2002

Has dealing in consumer transactions become riskier in Ohio?

  • Jones Day
  • -
  • USA
  • -
  • February 12 2007

What happens when a $16,400 truck turns into a $470,000 verdict?

When a special committee of a corporation’s board of directors discloses the findings of an internal investigation to the full board of directors, the special committee may find that it has waived its attorney-client privilege with committee counsel

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • January 14 2008

Corporations use internal investigations to achieve a number of possible goals to assess troubling facts that have been reported by reliable sources; to obtain sound legal advice regarding their rights, obligations and remedies relating to those facts; to obtain more favorable treatment from regulators who may be concerned by those facts; and to obtain recommendations as to how the company should learn from the situation and improve its conduct going forward

Consultant ruled a creditor not a shareholder; subordination overturned

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 19 2007

A business consultant who contracted to receive a percentage of a company’s shares in exchange for helping the company go publicbut never actually received those shares and obtained a money judgment against the company insteadwas not a holder of equity for purposes of subordination under the Bankruptcy Code, the U.S. Court of Appeals for the Ninth Circuit has determined

Appeal of Demusz Manufacturing Company, Inc

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 20 2007

In Appeal of Demusz Manufacturing Company, Inc, the Armed Services Board of Contract Appeals (“ASBCA”) awarded the government summary judgment, thereby affirming the government’s termination of a contract for default

Question of fact regarding whether LLC interest was a “security” prevented summary judgment

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • July 18 2008

Plaintiff asserted claims under, among other things, the federal securities laws, in connection with its investment in Houma Sports Entertainment, LLC (LLC), the parent company of an arena football team