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Hampshire v. Kuttner: Delaware court reviews fiduciary duties of corporate officers and remedies for breach
  • Alston & Bird LLP
  • USA
  • July 27 2010

In Hampshire Group, Limited v. Kuttner, et. al., the Delaware Court of Chancery recently addressed fiduciary duties and standards of conduct applicable to corporate officers when those officers were involved in conduct that benefited their superior officer and consciously caused the company to violate the 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


Cybersecurity: what directors need to know in an era of increased scrutiny
  • Alston & Bird LLP
  • USA
  • August 6 2014

"Boards that choose to ignore, or minimize, the importance of cybersecurity responsibility do so at their own peril." SEC Commissioner Luis A


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


SEC approves PCAOB’s new related party auditing standard and other related amendments
  • Alston & Bird LLP
  • USA
  • November 11 2014

On October 21, 2014, the Securities and Exchange Commission (SEC) approved the rules proposed earlier this year by the Public Company Accounting


Retail advertising: consumer class actions gaining traction
  • Alston & Bird LLP
  • USA
  • July 6 2015

Retailers continue to face litigation and enforcement activity concerning their price advertising practices. In particular, comparisons of "regular,"


SEC proposes new rules for executive pay-versus-performance disclosure
  • Alston & Bird LLP
  • USA
  • May 4 2015

On April 29, 2015, the Securities and Exchange Commission (SEC) voted 3-2 to approve proposed rules that would require companies to disclose the


Recent state gift card policy changes are all over the map
  • Alston & Bird LLP
  • USA
  • February 23 2015

The Oregon Legislature recently introduced legislation that would reestablish gift cards as a type of unclaimed property reportable to Oregon


The cloudy status of a “profits interest” holder as an LLC member
  • Alston & Bird LLP
  • USA
  • March 24 2015

The existence of federal jurisdiction in this case turned on whether an individual who held an unvested profits interest in a limited liability


Retail outlets: a great deal? A steal? Or “not for real”?
  • Alston & Bird LLP
  • USA
  • August 21 2014

The great American pastime of outlet shopping is now the "next big thing" in class action litigation. Since when did getting a great deal become the