We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 194

The cloudy status of a “profits interest” holder as an LLC member

  • Alston & Bird LLP
  • -
  • USA
  • -
  • March 24 2015

The existence of federal jurisdiction in this case turned on whether an individual who held an unvested profits interest in a limited liability

Cybersecurity: what directors need to know in an era of increased scrutiny

  • Alston & Bird LLP
  • -
  • USA
  • -
  • August 6 2014

"Boards that choose to ignore, or minimize, the importance of cybersecurity responsibility do so at their own peril." SEC Commissioner Luis A

Delaware Supreme Court holds that directors may not use equitable standing to pursue derivative actions

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 22 2008

A recent decision by the Delaware Supreme Court Schoon v. Smith, No. 554, 2008 Del. LEXIS 67 (Feb. 12, 2008) further reinforced a principle well entrenched in Delaware jurisprudence namely, that an individual who is a member of the board of directors cannot initiate a derivative suit on behalf of the corporation unless he or she complies with Section 327 of the Delaware General Corporation Law

Individual members of LLC personally liable for torts committed in furtherance of the LLC’s business

  • Alston & Bird LLP
  • -
  • USA
  • -
  • June 20 2012

In the South Carolina case of 16 Jade Street, LLC v. R. Design Construction Company, the court wrestled with the scope of protection from tort liability provided to individual members of a limited liability company

Sixth Circuit locks the door on ERISA class action in Taylor v. Keycorp

  • Alston & Bird LLP
  • -
  • USA
  • -
  • June 6 2012

On May 25, 2012, the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a class representative’s putative ERISA class action against KeyCorp and related defendants because the proffered “class representative” could not demonstrate that she suffered any actual injury from the alleged breach of fiduciary duty and, therefore, lacked standing

Retail outlets: a great deal? A steal? Or “not for real”?

  • Alston & Bird LLP
  • -
  • USA
  • -
  • August 21 2014

The great American pastime of outlet shopping is now the "next big thing" in class action litigation. Since when did getting a great deal become the

Recent state gift card policy changes are all over the map

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 23 2015

The Oregon Legislature recently introduced legislation that would reestablish gift cards as a type of unclaimed property reportable to Oregon

SEC launches EESA-mandated study of “mark-to-market” accounting standards

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 8 2008

Yesterday, the SEC announced details of the process and initial steps that the SEC has undertaken to conduct a study on "mark-to-market" accounting

Mere allegations regarding management’s knowledge of “core operations” fail to satisfy the scienter pleading requirement

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 8 2008

In a recent decision, the Ninth Circuit Court of Appeals considered the following question: whether allegations that the defendants had knowledge of a company’s “core operations” could be used to satisfy the requirement of pleading fraudulent intent or “scienter” under the Private Securities Litigation Reform Act

Derivative action dismissed due to inadequate plaintiff

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 6 2008

Federal Rule of Civil Procedure 23.1 requires that a shareholder derivative action be dismissed “if it appears that the plaintiff does not fairly and adequately represent the interest of shareholders.”