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Results: 1-10 of 237

The Looming Specter: Post-Closing Fraud Claims in Private Company M&A Litigation
  • Winston & Strawn LLP
  • USA
  • June 22 2017

So-called “reliance disclaimers” and “fraud carve-outs” in private company purchase agreements - designed, respectively, to preclude and preserve


JCPenney settles class action lawsuit over allegedly deceptive sales
  • Winston & Strawn LLP
  • USA
  • November 16 2015

The J.C. Penney Company recently announced that it has reached a settlement to resolve a false advertising class action lawsuit that alleged it had


Financial Services Update, Vol. 12, Issue 25
  • Winston & Strawn LLP
  • USA
  • June 26 2017

Last Thursday, federal bank regulators testifying at a hearing conducted by the U. S. Senate Banking Committee expressed recognition of the need to


Recent Court Decision Illustrates the Value of a 10b5-1 Plan
  • Winston & Strawn LLP
  • USA
  • June 7 2017

Lyle Roberts makes an interesting point in his 10b-5 Daily Blog in a post titled The Outset of the Fraud, which summarizes a recent federal court


Massachusetts business judgment rule
  • Winston & Strawn LLP
  • USA
  • May 9 2011

On May 6th, the Second Circuit, after receiving answers to certified questions, held that under Massachusetts law, the business judgment rule can be applied to dismiss a derivative complaint prior to a corporation's rejection of the demand that serves as the basis for the suit


The Delaware quarterly April - June 2014
  • Winston & Strawn LLP
  • USA
  • July 2 2014

The Delaware Supreme Court and Delaware Court of Chancery are generally regarded as the country's premier business courts, and their decisions carry


Properly-delegated fiduciary responsibility protects plan sponsors
  • Winston & Strawn LLP
  • USA
  • June 6 2014

In Coulter v. Morgan Stanley & Co. (May 29, 2014), the Second Circuit Court of Appeals dismissed ERISA breach of fiduciary duty claims against Morgan


Litigation over proxy statement disclosure another update
  • Winston & Strawn LLP
  • USA
  • March 20 2013

As readers know, I have been blogging on the new form of lawsuit over companies' executive compensation disclosures that has appeared in the last


Update on 162(m)excessive compensation lawsuit
  • Winston & Strawn LLP
  • USA
  • May 5 2014

Last year I blogged on a disappointing ruling against Simon Properties Group, Inc. out of the Delaware Chancery Court (Surprising Victory in Delaware


Third Circuit affirms $18.9 million copyright infringement verdict for copying of business information
  • Winston & Strawn LLP
  • USA
  • July 20 2011

The Third Circuit Court of Appeals recently upheld a 2006 verdict against USI MidAtlantic, Inc. for $18.9 million plus $4.6 million in prejudgment interest stemming from a copyright infringement suit brought by competitor The Graham Company