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163 results found

Article

Squire Patton Boggs | USA | 17 May 2019

When a Loss Falls Within Policy Exclusions as a Matter of Law the Complaint Cannot Survive

The policyholder bears the burden of demonstrating that a loss suffered falls within the terms of the insurance policy. In other words, the existence

Article

Jones Day | USA | 11 Aug 2017

In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims

Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditorshareholder risk allocation paradigm by categorically

Article

Bressler, Amery & Ross PC | USA | 14 Dec 2016

The Supreme Court Reaffirms Dirks and Rejects Newman’s Personal Benefit Test for Friends and Family

On December 6, 2016, the United States Supreme Court decided Salman v. United States, the first significant insider trading case in

Article

Jones Day | USA | 2 Dec 2016

In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief

In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what

Article

Baker McKenzie | USA, Mexico | 26 Sep 2016

Arbitration. Confirmation of Award. Second Circuit affirms, for the first time, the confirmation of an international arbitral award despite annulment at the seat of arbitration

The underlying dispute arose out of a 1997 contract to build oil platforms in the Gulf of Mexico between Corporación Mexicana De Mantenimiento

Article

Proskauer Rose LLP | USA | 26 Sep 2016

Does an Emailed Copy of a Complaint Start the 30-Day Removal Clock?

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes

Article

Morgan Lewis | USA | 9 Sep 2016

In Eagerly Awaited Ruling, AXA Beats Excessive Fee Claim

Following a 25-day bench trial, the US District Court for the District of New Jersey recently ruled against a group of plaintiff shareholders who

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 9 Aug 2016

The Second Circuit Blesses Post-Jury Verdict, Pre-Judgment Decertification

How long does the judicial obligation to ensure proper class certification last? According to the Second Circuit, it lasts until final judgment is

Article

Baker & Hostetler LLP | USA | 1 Aug 2016

Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial

The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification

Article

Orrick, Herrington & Sutcliffe LLP | USA | 28 Jul 2016

Second Circuit Rules That Judges Can Decertify a Class After a Jury Verdict

The Second Circuit recently held that under Federal Rule of Civil Procedure 23, a district court judge can decertify a class after a jury verdict in

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