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6 ways to do business overseas while reducing the perils of future litigation

Sheppard Mullin Richter & Hampton LLP
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USA
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May 24 2013

As an executive or in-house counsel, your work likely reaches across the globe. 90 of companies in the United States are involved in

Teaming agreements called into question under Virginia law

Sheppard Mullin Richter & Hampton LLP
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USA
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April 29 2013

In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law

Delaware Supreme Court affirms preclusive effect of non-Delaware dismissals and rejects irrebuttable presumption that a derivative plaintiff who fails to conduct a Section 220 inspection is an inadequate representative

Sheppard Mullin Richter & Hampton LLP
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USA
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April 23 2013

In Pyott v. Louisiana Municipal Police Employees' Retirement System, No. 380, 2012, 2013 WL 1364695 (Del. Apr. 4, 2013), the Delaware Supreme Court

Court of Appeal finds the phrase "other good and valuable consideration" in a contract to be clear and unambiguous statement

Sheppard Mullin Richter & Hampton LLP
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USA
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March 6 2013

In Schron v. Troutman Saunders LLP, 2013 NY Slip Op 00952 (N.Y. Feb 24, 2013), the New York Court of Appeals held that the phrase "other good and

California Supreme Court resolves Court of Appeal split, holding that Section 2010 of the California Corporations Code -- California's "Survival Statute" -- does not apply to foreign corporations

Sheppard Mullin Richter & Hampton LLP
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USA
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February 27 2013

In Greb v. Diamond Int'l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the

Supreme Court issues judicial interpretation to define foreign-related civil relationships

Sheppard Mullin Richter & Hampton LLP
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China
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February 21 2013

The People's Supreme Court issued a Judicial Interpretation on December 28, 2012, made effective on January 7, 2013, regarding the application of the

California Court of Appeal recognizes that wide discretion granted to a board of directors under the buisness judgment rule may be tempered by a corporation's private contractual obligations to its shareholdersmembers

Sheppard Mullin Richter & Hampton LLP
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USA
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February 14 2013

In Scheenstra v. California Dairies, Inc., No. F062768, ___ Cal. Rptr. 3d ___, 2013 WL 363148 (Cal. App. 5th Dist. Jan. 30, 2013), the California

New York Court of Appeals holds upholds broad choice of New York law provision in contract even in absence of contacts with New York

Sheppard Mullin Richter & Hampton LLP
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USA
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January 28 2013

In IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., No. 191, 2012 WL 6571286 (N.Y. Dec. 18, 2012), the Court of Appeals of the State of New

Caveat consignor

Sheppard Mullin Richter & Hampton LLP
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USA
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January 16 2013

Auction houses typically do not disclose the identity of the seller on their sales contracts. A recent New York trial court decision may drastically

Delaware has no per se rule against "don't ask, don't waive" standstill provisions, but boards must be careful in using them

Sheppard Mullin Richter & Hampton LLP
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USA
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January 4 2013

In In re Ancestry.com Inc. Shareholder Litigation, C.A. No. 7988-CS, Chancellor Strine of the Delaware Chancery Court held that Delaware has no per se

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6 ways to do business overseas while reducing the perils of future litigation

Teaming agreements called into question under Virginia law

Delaware Supreme Court affirms preclusive effect of non-Delaware dismissals and rejects irrebuttable presumption that a derivative plaintiff who fails to conduct a Section 220 inspection is an inadequate representative

Court of Appeal finds the phrase "other good and valuable consideration" in a contract to be clear and unambiguous statement

California Supreme Court resolves Court of Appeal split, holding that Section 2010 of the California Corporations Code -- California's "Survival Statute" -- does not apply to foreign corporations

Supreme Court issues judicial interpretation to define foreign-related civil relationships

California Court of Appeal recognizes that wide discretion granted to a board of directors under the buisness judgment rule may be tempered by a corporation's private contractual obligations to its shareholdersmembers

New York Court of Appeals holds upholds broad choice of New York law provision in contract even in absence of contacts with New York

Caveat consignor

Delaware has no per se rule against "don't ask, don't waive" standstill provisions, but boards must be careful in using them

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