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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

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

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

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

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

Delaware court holds that fiduciary disclosure principles do not apply to ROFR purchases

Winston & Strawn LLP
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USA
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November 2 2009

In an intriguing case of first impression, the Delaware Court of Chancery recently held in Latesco, L.P. v. Wayport, Inc. that fiduciary disclosure principles do not apply to purchases by insiders pursuant to contractual “right of first refusal” (“ROFR”) provisions

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 judge approves settlement of litigation against Lehman Brothers without requiring contributions from the personal assets of executives and directors

Winston & Strawn LLP
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USA
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July 18 2012

We have been closely following the recent explosion of litigation against executives and officers

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

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

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