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Results: 1-10 of 2,508

Spotlight on vendor management: “brother’s keeper” enforcement pattern becoming the norm
  • BuckleySandler LLP
  • USA
  • May 5 2015

Two regulatory enforcement matters announced in April offer a view into the current mindset of regulators in the ever-evolving world of vendor


Continuing director change of control provisions in debt agreements: potential issues for borrowers and lenders
  • Ice Miller LLP
  • USA
  • January 28 2015

In Pontiac General Employees Retirement System v. Healthways, Inc., the Court of Chancery of the State of Delaware denied a motion to dismiss a


A word of caution to co-guarantors: do not assume you will be reimbursed for partial payments of a common liability
  • Barnes & Thornburg LLP
  • USA
  • January 24 2011

Suppose you are one of multiple individual owners of a company, and you all agreed to guarantee the company's loan from a bank


Appellate division review jurisdiction- employment law, smoking restrictions in state parks
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • April 28 2015

The first quarter of 2015 was harsh in terms of weather and the workload at the Appellate Divisions. However, as opposed to the snow, the caseload did


Taking a security interest in a closely held business
  • Sherman & Howard LLC
  • USA
  • November 1 2012

If a loan or extension of credit requires collateral, banks prefer collateral that is readily marketable rather than taking a security interest in a closely-held business


Delaware Chancery Court holds investment bank liable for aiding and abetting exculpated director breach of fiduciary duties
  • Kaye Scholer LLP
  • Canada, USA
  • March 17 2014

A recent post-trial decision in In Re: Rural Metro Corporation held that a financial advisor was liable for aiding and abetting breaches of the duty


Federal district court holds that FCRA statutory damage provision is unconstitutionally vague and violates due process
  • Locke Lord LLP
  • USA
  • July 29 2008

Willful violations of the Fair Credit Reporting Act (FCRA) can be punished with statutory damages of between $100 and $1,000, and potentially punitive damages, even where no actual damages are shown


Alan Kahn v Kevin McCarthy, et al
  • Potter Anderson & Corroon LLP
  • USA
  • September 24 2008

The Court of Chancery held that plaintiff was not entitled to a temporary restraining order prohibiting defendants from proceeding with a merger because he failed to show a probability of success on the merits of his claim that additional disclosure regarding the Department of Treasury’s Troubled Asset Relief Program was material to stockholders


Eleventh Circuit interprets "bona fide error" defense to the FDCPA
  • Foley & Lardner LLP
  • USA
  • January 13 2011

In deciding a case of first impression for the Court, the Eleventh Circuit recently joined other circuits, including the Eighth and Ninth Circuits, in finding that determining if a debt collector can benefit from the "bona fide error" defense to the Fair Debt Collection Practices Act ("FDCPA") is a fact-intensive inquiry that requires a case-by-case analysis


Second Circuit provides guidance on forward-looking statements
  • Hogan Lovells
  • USA
  • June 18 2010

The U.S. Court of Appeals for the Second Circuit recently ruled in Slayton v. American Express Co. that forward-looking statements by American Express regarding anticipated losses on its high-yield debt investments were protected by the safe harbor from antifraud liability afforded to such statements by the Private Securities Litigation Reform Act of 1995 (PSLRA