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The debate in Delaware over "default" fiduciary duties in the LLC context rages on

Winston & Strawn LLP
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USA
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January 10 2013

A threshold issue facing private equity funds is whether a prospective business entity should be structured as a traditional corporation or an

New York Attorney General settles case with grocery store chain over coupons

Winston & Strawn LLP
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USA
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April 23 2013

New York Attorney General recently announced an agreement with Price Chopper, a grocery store chain, regarding the way it advertises its coupons

JCPenney hit with class action lawsuit for alleged misrepresentation of sales discounts

Winston & Strawn LLP
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USA
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March 20 2012

A customer has filed a proposed class action complaint against JCPenney in the Central District of California

FTC files mobile “cramming” case

Winston & Strawn LLP
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USA
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April 24 2013

The FTC recently filed its first court action against an alleged mobile "cramming" operation. In its complaint, the FTC alleges that Wise Media, LLC

Class action suit filed against Staples for alleged deceptive "buy one get one free" offer

Winston & Strawn LLP
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USA
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August 20 2010

A complaint was filed on Aug., 12, 2010 in the Superior Court of New Jersey on behalf of a putative class of New Jersey residents alleging that Staples' "buy one get one free" offer violated the New Jersey Consumer Fraud Act and constituted common law fraud

A surprising lawsuit over Section 162(m) disclosure

Winston & Strawn LLP
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USA
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July 7 2011

Earlier this month, the U.S. District Court for the District of Delaware allowed a shareholder derivative ("strike") lawsuit to continue against the officers and directors of Qualcomm, alleging that they issued a false or misleading proxy statement regarding the 162(m) tax-deductible status of executives' compensation (Hoch v. Alexander

Federal Court dismisses say on pay lawsuit, reaffirming that the Dodd-Frank Act means what it says

Winston & Strawn LLP
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USA
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January 14 2012

Last week, the U.S. District Court for the Southern District of California granted defendants' motion to dismiss another one of the shareholder say on pay lawsuits (Dennis v. Hart, S.D. Cal., Case No. 11cv2271 WQH (WVG), 1612

The Fair Debt Collection Practices Act's venue provision

Winston & Strawn LLP
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USA
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February 28 2011

On February 23rd, the U.S. Court of Appeals for the Second Circuit held that a debt collector can violate the venue provisions of the Federal Debt Collection Practices Act by suing a consumer in a court that lacks power to hear the action, because the consumer does not reside in that city or a town contiguous thereto

Piercing of corporate veil is affirmed

Winston & Strawn LLP
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USA
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March 26 2012

On March 21st, the Seventh Circuit affirmed the trial court's order piercing the corporate veil to make a firm's shareholders liable to Wachovia for the firm's debt

PCAOB ruled constitutional with limited exception

Winston & Strawn LLP
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USA
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July 12 2010

On June 28th, the Supreme Court, in a 5-4 decision, held that although the Sarbanes-Oxley Act's dual for-cause limitation on the removal of PCAOB members is unconstitutional, it is severable from the Act

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