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Results: 1-10 of 2,865

Superfund liability for the repair of a useful product

  • Foley Hoag LLP
  • -
  • USA
  • -
  • May 14 2013

A few months ago, I blogged on the decision in Duke Energy Progress Inc. v. Alcan Aluminum Corporation where a court held that a company would not be

SEC officer director bars: by what standard?

  • Dorsey & Whitney LLP
  • -
  • USA
  • -
  • May 16 2013

Sometimes it can be difficult to determine if you actually won. This may be the case for the SEC with the Second Circuit's ruling in SEC v. Bankosky

Implied warranties in a service contract?

  • Fredrikson & Byron PA
  • -
  • USA
  • -
  • May 13 2013

Cargill, Inc. v. Ron Burge Trucking, Inc. addresses the issue of whether the implied warranties that exist in a contract for the sale of goods also

Fallout from Nosal verdict

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 9 2013

Practitioners in the area of trade secret protection and employee mobility law are still trying to sort out the impact of a federal court jury

Another day, another forum: strategies for litigating stockholder class actions and derivative suits in multiple forums

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • May 8 2013

Parallel litigation in multiple forums has become a systemic and growing problem in stockholder class actions and derivative suits. Following the

Exclusive forum provisions in corporate charters and bylaws

  • Drinker Biddle & Reath LLP
  • -
  • USA
  • -
  • July 6 2011

Since the Delaware Court of Chancery’s March 2010 opinion in In re Revlon Shareholders Litigation, the number of Delaware corporations with an exclusive forum provision in their certificate of incorporation or bylaws has grown from just a handful to over 80

Continuing challenges to exclusive forum bylaw provisions

  • Chadbourne & Parke LLP
  • -
  • USA
  • -
  • September 19 2012

An increasingly popular trend in recent years has been the adoption by Delaware public companies of an exclusive forum provision in their bylaws

To be actionable, credit reports must be flawed

  • Fisher & Phillips LLP
  • -
  • USA
  • -
  • April 15 2013

In Farmer v. The Phillips Agency, the U.S. District Court for the Northern District of Georgia denied a plaintiff's motion to certify a class action

What you need to know about exclusive forum provisions

  • King & Spalding LLP
  • -
  • USA
  • -
  • May 10 2012

There is a recent, yet rapidly evolving, debate in Delaware surrounding exclusive forum provisions charter or bylaw provisions mandating that intra-corporate disputes (such as stockholder derivative actions) be brought exclusively in a particular forum, typically in the corporation’s jurisdiction of incorporation

Enforceable contract or unenforceable agreement to agree? The importance of specificity in teaming agreements

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 17 2013

A recent case from the Eastern District of Virginia provides another reminder that teaming agreements subject to Virginia law must include specific