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Potter Anderson & Corroon LLP | USA | 21 Oct 2011

In re Goldman Sachs Grp., Inc. S’holder Litig., C.A. No. 5215-VCG (Del. Ch. Oct. 12, 2011) (Glasscock, V.C.)

In this memorandum opinion addressing stockholder plaintiffs’ breach of fiduciary duty claims relating to alleged excessive compensation and lack of oversight, Vice Chancellor Glasscock held that plaintiffs had not pled particularized facts sufficient to show demand futility under Aronson or Rales.


Traub Lieberman Straus & Shrewsberry LLP | USA | 25 May 2011

Florida court addresses breach of duty to cooperate

In its recent decision titled Zurich American Ins. Co. v. Diamond Title of Sarasota, Inc., 2011 U.S. Dist. LEXIS 52831 (M.D.Fla. May 17, 2011), the United States District Court for the Middle District of Florida had occasion to consider the duties imposed on an insured pursuant to a policy’s cooperation clause.


WeirFoulds LLP | Canada | 3 Mar 2011

Human rights update dealing with applications at a preliminary stage

Applications under the Human Rights Code ("Code") present a real risk for employers and an important avenue of redress for employees.


Herbert Smith Freehills LLP | United Kingdom | 28 Feb 2011

Tips for maximising your insurance recoveries

In recent years, many contractors who have made claims under insurance polices have observed that the timescale for the investigation, adjustment, agreement and settlement of claims by international insurers has steadily increased.


Sheppard Mullin Richter & Hampton LLP | USA | 27 Jan 2011

Untimely filing of motion to dismiss does not warrant automatic dismissal where motion is meritorious and opposing party will not be prejudiced

In Brown, et al. v. Noble, Inc., et al., Index No. 6008762010 (Sup. Ct., NY County, Dec. 2, 2010) (“Brown v. Noble”), Justice Bernard Fried granted defendant Thomas Caruso’s (“Caruso”) motion to dismiss plaintiffs Robert Brown and RB Group LLC’s (“Plaintiffs”) complaint, even though the Motion was filed approximately 1 week late.


McCarter & English LLP | USA | 28 Oct 2010

Court compels insurer to identify prior declaratory judgment actions it commenced

In Paul Revere Life Insurance Co. v. Dibari, the insurer brought action for declaratory judgment against its insured regarding a disability income insurance policy and an overhead expense coverage insurance policy, for which the insurer was paying benefits subject to a full reservation of rights.


Kelley Drye & Warren LLP | USA | 23 Jul 2010

Parties' stipulation retaining a right to refile counterclaim destroys the finality required for appellate jurisdiction

India Breweries, Inc. (IBI) is a "virtual brewer."


Herrick Feinstein LLP | USA | 27 May 2010

Delaware Supreme Court interprets implied covenant of good faith and fair dealing

The Delaware Supreme Court has reaffirmed a board of directors' right to exercise its discretion when exercising contractual rights.


Shook Hardy & Bacon LLP | USA | 12 Mar 2010

Some claims dismissed in dispute over supply-chain insurance coverage

A federal court in California has dismissed without prejudice some of the claims filed by a food supplier in a dispute over insurance coverage in food-contamination litigation.


Potter Anderson & Corroon LLP | USA | 25 Jan 2010

Amirsaleh v. Bd. of Trade of the City of N.Y., Inc.

In this post-trial memorandum opinion, the Court of Chancery held that defendants Board of Trade of the City of New York, Inc. (“NYBOT”) and IntercontinentalExchange, Inc. (“ICE”) did not breach the implied covenant of good faith and fair dealing inherent in the merger agreement pursuant to which ICE acquired NYBOT, now ICE Futures U.S., Inc., in January 2007.

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