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Results: 1-10 of 19

Improper accounting adjustments held insufficient basis for securities fraud claims

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 18 2011

A federal district court in California recently dismissed class action securities fraud claims arising out of several improper accounting adjustments made by VeriFone Holdings, Inc

Delaware court authorizes new theory of tortious interference with contract

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • April 15 2011

Deciding an issue of first impression, the Superior Court of Delaware recently authorized the assertion of claims based on a new theory of tortious interference with contract, but ruled that the plaintiff failed to state a claim under that theory

Unnamed class member could not bring separate suit for disgorgement of attorneys’ fees

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • November 19 2010

Nine months after the U.S. District Court for the Southern District of Texas approved a fee application in the In re Enron class action litigation, plaintiff Michael Brown, an unnamed member of the class, brought a new action in the same court, asserting claims of fraud and breach of fiduciary duty against Thomas Bilek and his law firm, seeking disgorgement of the $16 million in attorneys’ fees awarded Mr. Bilek for his work in the litigation

Start-up company fails to recover profits

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • December 17 2010

A federal court in New York recently ruled that a start-up mineral water company had no recourse to the "wrongdoer rule," which permits a complainant to recover damages in a breach of contract action even if the amount of damages is uncertain, because the company did not have sufficient proof that it suffered any damages at all

Fiduciary duty claim survives against non-officer

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • December 17 2010

A federal court in Kentucky recently ruled that a former manager at a medical device manufacturer could be liable for breach of fiduciary duty for planning to start a rival business while working at the company despite not serving as either an officer or director of the firm

Seventh Circuit cuts damages award due to lack of evidence of lost profits

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • September 9 2011

The U.S. Court of Appeals for the Seventh Circuit dramatically reduced damages awarded to a defunct internet marketing company, finding that the company squandered its opportunity to provide a reasonable estimate of the harm it suffered as a result of the defendant’s conduct

Delaware has jurisdiction over corporation based on claims arising out of performance of predecessor's contracts

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • June 10 2011

The Superior Court of Delaware recently denied a motion to dismiss for lack of personal jurisdiction, holding that, following a merger, the defendant corporation continued to transact business within Delaware and, in connection with that business, caused injury within the state

Directors' bonuses tied to sale rendered them interested

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • June 10 2011

The Delaware Court of Chancery sustained in part the claims of a plaintiff investor challenging a company's sale of its primary asset based upon allegations that the vote of the individual director defendants approving the sale was tainted by bonuses they received tied to that sale

Missouri court holds that economic loss doctrine bars plaintiff's tort claims

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 16 2012

A Missouri district court recently ruled that a negligent misrepresentation claim was barred by the economic loss doctrine in a case involving a merchant-to-merchant sale of allegedly defective products

Creditors of insolvent limited liability companies cannot sue derivatively

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • September 9 2011

The Supreme Court of Delaware recently held that creditors of insolvent Delaware limited liability companies (LLCs) lack standing to bring derivative suits on behalf of the LLCs