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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

Maurice Wutscher LLP | USA | 8 Dec 2015

2nd Cir Holds Massive Repurchase Action Time-Barred

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of an action by the trustee of a residential mortgage-backed

Article

Vedder Price PC | USA | 4 Oct 2010

Massachusetts Supreme Court rules on application of the business judgment rule

On August 23, 2010, the Supreme Judicial Court of Massachusetts issued its ruling in Helabian v. Berv, that the business judgment rule can be applied to dismiss a derivative complaint filed timely under the Massachusetts Business Corporations Act but prior to a corporation’s rejection of the demand serving as the basis for the suit.

Article

Katten Muchin Rosenman LLP | USA | 13 Mar 2009

Supreme Court to resolve circuit split regarding excessive fund advisor fees

On March 9, the U.S. Supreme Court granted certiorari in Jones v. Harris Associates L.P., 527 F.3d 627 (7th Cir. 2008).

Article

Jones Day | USA | 1 Aug 2008

Can an executory contract lose its executoriness? "Maybe," says the Second Circuit

The ability of a chapter 11 debtor-in-possession (“DIP”) or bankruptcy trustee to assume or reject unexpired leases or contracts that are “executory” as of the bankruptcy filing date is one of the most important entitlements created by the Bankruptcy Code.

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