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583 results found

Article

McCarthy Tétrault LLP | Canada | 29 Aug 2016

Is There a Duty to Renegotiate Contracts in Cases of Hardship?

In Churchill Falls (Labrador) Corporation Ltd c Hydro-Québec, 2016 QCCA 1229 (English translation here), the Quebec Court of Appeal seemed to

Article

Mintz | USA | 13 Jul 2016

Fizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases

In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in

Article

Venable LLP | USA | 24 Oct 2013

Maryland trial court upholds Maryland’s narrow futility demand exception and Special Committee’s approval of acquisition of REIT’s external manager

In an opinion issued yesterday, Judge Althea Handy of the Maryland Business and Technology Case Management Program in the Circuit Court for Baltimore

Article

Manatt Phelps & Phillips LLP | USA | 4 Oct 2013

Kurwa v. Kislinger: California Supreme Court holds no end-run around the one final judgment rule by means of voluntary dismissals

Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally

Article

Potter Anderson & Corroon LLP | USA | 16 Nov 2012

Bessenyei v. Vermillion, Inc., C.A. no. 7572-VCN (Del. Ch. Nov. 16, 2012) (Noble, V.C.)

In this memorandum opinion, the Court of Chancery dismissed with prejudice a breach of fiduciary duty action after Plaintiffs submitted invalid verifications accompanying pleadings and interrogatory responses.

Article

Williams Mullen | USA | 6 Aug 2012

For whom the whistle blows: analysis of the American Apparel shareholder derivative litigation from a whistleblower perspective

On July 31, 2012, the United States District Court for the Central District of California dismissed without prejudice a shareholder derivative suit against American Apparel and its individual directors.

Article

Dorsey & Whitney LLP | USA | 1 Jun 2012

This week in securities litigation (week ending June 1, 2012)

SEC enforcement this holiday shortened week dismissed the remaining defendants in an insider trading case centered on an international take over which had been filed largely on the trading and within days of the announcement.

Article

Vedder Price PC | USA | 1 Apr 2012

Seventh Circuit affirms dismissal with prejudice of state law breach of fiduciary duty action preempted by SLUSA

On November 10, 2011, in Brown v. Calamos, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal with prejudice of a suit brought on behalf of a putative class of common shareholders of Calamos Convertible Opportunities and Income Fund against the fund’s investment adviser, Calamos Advisors LLC, and the members of the fund’s Board of Trustees, alleging breach of fiduciary duty in connection with the fund’s redemption of its auction-market preferred stock (“AMPS”) from preferred shareholders amidst the 2008 financial crises and collapse of the auction markets.

Article

Vedder Price PC | USA | 1 Mar 2012

Seventh Circuit affirms dismissal with prejudice of state law breach of fiduciary duty action preempted by SLUSA

On November 10, 2011, in Brown v. Calamos, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal with prejudice of a suit brought on behalf of a putative class of common shareholders of Calamos Convertible Opportunities and Income Fund against the fund’s investment adviser, Calamos Advisors LLC, and the members of the fund’s Board of Trustees, alleging breach of fiduciary duty in connection with the fund’s redemption of its auction-market preferred stock (“AMPS”) from preferred shareholders amidst the 2008 financial crises and collapse of the auction markets.

Article

Winston & Strawn LLP | USA | 14 Nov 2011

SLUSA bars lawsuit against closed-end fund

On November 10th, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a lawsuit brought against a closed-end investment fund.

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