7,355 results found
Lexology PRO | USA | 12 May 2023
US commercial contracts: key federal and state updates (27 Apr – 12 May)
A New York law increases scrutiny of health care transactions, a Delaware court says certain corporate fiduciary duties can be waived, and courts interpret force majeure using an impracticability and not an impossibility standard – plus other key updates.
Fried Frank Harris Shriver & Jacobson LLP | USA | 4 May 2023
Adviser Fined for Breach of Fiduciary Duty Related to Leveraged ETF Investments
An investment adviser settled charges with the SEC for breach of fiduciary duty after failing to properly evaluate whether leveraged exchange traded…
Littler Mendelson PC | USA | 2 May 2023
Federal Court Dismisses Case Alleging Breach of ERISA Fiduciary Duties in 401(k) Class Action
Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging…
Rahman Ravelli | United Kingdom | 27 Apr 2023
Knowledge of VAT Fraud
A cellphone company director lost his bid to challenge a £1.7 million-plus award against him for VAT fraud when the High Court said he had actual…
3PB Barristers | United Kingdom | 24 Apr 2023
Directors Beware: The Court's Stringent Stance on Breaching Fiduciary Duties
Imagine you are a director who is found to have breached your fiduciary duties by taking Preparatory steps to take advantage of a business…
Duane Morris LLP | USA | 11 Apr 2023
Do New Delaware General Corporation Law Exculpation Amendments Trigger a Mandatory Class Vote for Changes to Charters?
In August 2022, a number of amendments to the provisions of the Delaware General Corporation Law (DGCL) went into effect. One amendment of note is…
Slaughter and May | United Kingdom | 10 Mar 2023
That's my crypto - fork it over!
How far would you go to get your hands on billions of pounds worth of cryptocurrency? Dr Craig White, who also claims to be Satoshi Nakamoto (the…
Deloitte Legal | United Kingdom | 7 Mar 2023
Tulip Trading Ltd (a Seychelles company) v Van Der Laan and others [2022] EWHC 667 (Ch)
A recent High Court judgment dealt with several issues relevant to the cryptocurrency sector. The claimant (Tulip Trading Company) pleaded that it…
Ogier | Cayman Islands | 2 Mar 2023
Developments in law of knowing receipt: possible impact on Cayman position
A claim for knowing receipt can be established where the third party knows the assets were transferred in breach of duty. However, in a recent decision in England, it was held that a claim for knowing receipt may not be available if the beneficial interest in the assets has been extinguished by the law of a jurisdiction through which the assets have passed. This decision is likely to be......
AYACHE | France | 1 Mar 2023
Extendable scope of duty of loyalty imposed in M&A transactions
In merger and acquisition transactions under French law, the purchaser benefits from various legal protections. French case law, in some cases, may rely on the duty of loyalty entrusted with executives or corporate officers alongside these protections. The Supreme Court recently handed down two decisions which show the scope that this duty of loyalty has today.
