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Article

Burns & Levinson LLP | USA | 19 Nov 2018

Healthy Pharms Litigation Dismissed on Eve of Massachusetts Cannabis Sales

The closely watched Massachusetts cannabusiness case, Crimson Galeria Limited Partnership, et al. V. Healthy Pharms, Inc., et al., has been dismissed

Article

Gowling WLG | Canada | 23 Aug 2016

Gross negligence penalties upheld against wilfully blind sophisticated taxpayer

In Melman (2016 TCC 167), the Tax Court of Canada (“TCC”) upheld gross negligence penalties on the basis that Mr. Melman was wilfully blind to a

Article

Kelley Drye & Warren LLP | USA | 7 Sep 2011

District court properly refused to impose statutory penalties for late COBRA notice where there was no prejudice or bad faith

St. Vincent Health operates a number of hospitals and health care facilities in central Indiana and employs thousands of people.

Article

Norton Rose Fulbright | Canada | 1 Sep 2011

Amendments to executive compensation disclosure rules for 2012 proxy season

On July 22, 2011, the Canadian Securities Administrators (CSA) published amendments to the executive compensation disclosure rules, which will come into force on October 31, 2011.

Article

WeirFoulds LLP | Canada | 16 Jun 2011

Barrington v The Institute of Chartered Accountants of Ontario

These appeals arise from the professional disciplinary proceedings against three members of the Institute of Chartered Accountants of Ontario ("ICAO") for their roles in the now defunct Livent Inc.'s ("Livent") 1997 audited financial statements.

Article

Pepper Hamilton LLP | USA | 8 Jun 2011

Verifone stockholder plaintiffs finish out of the money in Calif., win pyrrhic victory in Delaware

A classic race to the courthouse ended in March of this year without a winner.

Article

Herbert Smith Freehills LLP | United Kingdom | 3 Jun 2011

HMRC consults on tax relief for companies on asset-backed funding arrangements

HMRC and HM Treasury have issued for consultation measures to restrict excess tax relief for employers on asset-backed funding arrangements.

Article

CMS Cameron McKenna Nabarro Olswang LLP | Bulgaria | 17 Feb 2011

Changes to merger reporting requirements

The reporting requirements on company mergers and demergers have been relaxed with effect from 31 December 2010.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 4 Feb 2011

Delaware Supreme Court reverses Chancery Court dismissal of derivative plaintiff's Section 220 books and records action

In King v. VeriFone Holdings, Inc., No. 330, 2010, 2011 WL 284966 (Del. Jan. 28, 2011), the Supreme Court of the State of Delaware reversed a decision by the Court of Chancery dismissing a derivative plaintiff’s action under Section 220 of the Delaware General Corporation Law seeking books and records of a Delaware corporation.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 2 Feb 2011

District of Columbia Circuit holds that certifications in financial statements do not constitute omissions that qualify for a presumption of reliance in fraud claims under Rule 10b-5

In In re InterBank Funding Corp. Securities Litigation, No. 09-7167, --- F.3d ----, 2010 WL 5299882 (D.C. Cir. Dec. 28, 2010), the United States Court of Appeals for the District of Columbia Circuit affirmed the dismissal with prejudice of a class action asserting securities fraud claims under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), and Rule 10b-5, 17 C.F.R. 240.10b-5, based upon a failure to adequately plead the essential element of reliance. The sole issue before the Court was whether the fraud allegations in the complaint involved material omissions, which would allow plaintiffs to invoke the presumption of reliance established by the United States Supreme Court in Affiliated Ute Citizens v. United States, 406 U.S. 128 (1972).

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