We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 200

Delaware Supreme Court holds that directors may not use equitable standing to pursue derivative actions
  • Alston & Bird LLP
  • USA
  • February 22 2008

A recent decision by the Delaware Supreme Court Schoon v. Smith, No. 554, 2008 Del. LEXIS 67 (Feb. 12, 2008) further reinforced a principle well entrenched in Delaware jurisprudence namely, that an individual who is a member of the board of directors cannot initiate a derivative suit on behalf of the corporation unless he or she complies with Section 327 of the Delaware General Corporation Law


Individual members of LLC personally liable for torts committed in furtherance of the LLC’s business
  • Alston & Bird LLP
  • USA
  • June 20 2012

In the South Carolina case of 16 Jade Street, LLC v. R. Design Construction Company, the court wrestled with the scope of protection from tort liability provided to individual members of a limited liability company


Proxy challenge for Barnes & Noble falls short of needed votes
  • Alston & Bird LLP
  • USA
  • September 28 2010

Barnes & Noble issued a press release announcing preliminary results of shareholder voting at today's annual meeting


In watershed decision, federal court dismisses shareholder class action against directors and officers of failed bank
  • Alston & Bird LLP
  • USA
  • January 24 2011

The road to recovery for shareholders of failed banks and other companies that lost value in the wake of the Great Recession just got a lot tougher


Classification of series and cell companies
  • Alston & Bird LLP
  • USA
  • November 1 2010

In recent years, foreign and domestic jurisdictions have allowed a single limited liability company to organize various series or cells


Fifth Circuit to weigh whether requests for reimbursement under e-rate actionable under FCA
  • Alston & Bird LLP
  • USA
  • March 4 2014

In March, the U.S. Fifth Circuit Court of Appeals will hear argument in an appeal that questions whether requests for reimbursement under the federal


Uniform Unclaimed Property Act may literally be “reformed” if drafting effort is successful
  • Alston & Bird LLP
  • USA
  • March 10 2014

On February 21-22, 2014, the Uniform Law Commission's (ULC) Drafting Committee assigned to engage in a rewrite of the 1995 Uniform Unclaimed Property


Non-355 ruling
  • Alston & Bird LLP
  • USA
  • December 31 2012

Sometimes, a corporation wants to distribute stock of a subsidiary to its shareholders in a taxable transaction and does not want Section 355 to apply to


Loss duplication regulations finalized
  • Alston & Bird LLP
  • USA
  • October 1 2013

Nine years after enactment of Section 362(e)(2) and seven years after proposal of regulations, the Treasury issued final regulations, effective for


ZIP, Zilch, Nada New Jersey repeals its requirement to collect ZIP codes from gift card purchasers
  • Alston & Bird LLP
  • USA
  • February 10 2015

Is the loss of major gift card distributors worth $17.5 million? Governor Chris Christie of New Jersey says no. On February 5, 2015, Governor