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CFPB makes first preemption determinations on state unclaimed property laws relating to gift cards

Greenberg Traurig LLP
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USA
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May 20 2013

Recently, the Consumer Financial Protection Bureau (CFPB) published a final determination as to whether the unclaimed property laws of Maine and

Massachusetts statute concerning collection of “personal indentification information” during credit card transactions triggers wave of class action litigation against retailers

Greenberg Traurig LLP
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USA
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March 28 2013

Recently, class action lawyers have filed various putative class action lawsuits against retailers under a statute regulating the type of "personal

In re: Encore Delaware Chancery Court affirms that special approval by committee of independent directors protects general partner from breach of fiduciary duty claims in related party merger transaction involving a Delaware alternative entity

Greenberg Traurig LLP
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USA
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November 9 2012

The Delaware Chancery Court’s August 2012 opinion in In re: Encore Energy Partners LP Unit Holder Litigation is the latest in a series of cases addressing fiduciary duties and the implied covenant of good faith and fair dealing for managers of Delaware alternative entities

Seventh Circuit dismisses unusual derivative action challenging interlocking directorate

Greenberg Traurig LLP
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USA
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August 29 2012

On June 13, 2012, a Seventh Circuit Court of Appeals Panel slapped down a derivative action against Sears Holding Corporation ("Sears") alleging a violation of Section 8 of the Clayton Act, which prohibits interlocking directorates

FCC simplifies approval process for foreign-owned entities seeking to invest in U.S. telecommunications market

Greenberg Traurig LLP
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USA
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August 27 2012

On August 17, 2012, the United States Federal Communications Commission took an action which will simplify the process for foreign-owned entities to invest in the United States telecommunications service marketplace

Recent California case highlights standards for trade secret misappropriation cases

Greenberg Traurig LLP
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USA
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August 3 2012

On June 7, 2012, in FormFactor, Inc. v. Micro-Probe, Inc., et al., No. C 10-3095 PJH, 2012 WL 2061520 (N.D. Cal. June 7, 2012), the United States District Court for the Northern District of California denied plaintiff FormFactor’s motion for summary judgment that a former employee had misappropriated trade secrets when he left to work for competitor Micro-Probe, and granted Micro-Probe’s crossmotion for summary judgment

Massachusetts security deposit statute triggers wave of class-action litigation against landlords and real estate management companies

Greenberg Traurig LLP
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USA
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July 19 2012

Recently, class-action lawyers have filed various putative class-action complaints against landlords and real estate management companies under the Massachusetts Security Deposit Statute, Mass. Gen. Laws, ch. 186, 15B (“MSDS”

2012 outlook for say-on-pay lawsuits

Greenberg Traurig LLP
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USA
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January 12 2012

With the say-on-pay portion of the Dodd Frank Wall Street Reform and Consumer Protection Act becoming effective at the beginning of the year, 2011 saw a rash of shareholder derivative actions based on failed say-on-pay votes

Rule 14a-8 proxy access proposal developments

Greenberg Traurig LLP
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USA
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November 30 2011

On November 10, 2011, the U.S. Proxy Exchange, an organization of retail shareholder activists (“USPX”), released its model proxy access bylaw proposal

$17.50 from Column A and $17.50 from Column B: 5050 split implicates Revlon

Greenberg Traurig LLP
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USA
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November 30 2011

In In re Smurfit-Stone Container Corp. Shareholder Litigation., a case of first impression, the Delaware Court of Chancery addressed whether directors’ socalled “Revlon obligations” apply to a merger where the value of the deal considerationmeasured at the time the merger agreement is entered into consists of 50 cash and 50 acquiror stock

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