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Results: 1-10 of 103

Second Circuit affirms dismissal of indictments against KPMG executives
  • Locke Lord LLP
  • USA
  • September 3 2008

The U.S. Court of Appeals for the Second Circuit recently upheld the S.D.N.Y.'s decision to dismiss federal indictments against thirteen former KPMG executives for alleged tax-fraud after finding that federal prosecutors violated the KPMG executives' constitutional rights


Quasi-California Corporations - the application of California’s long-arm statute in mergers and acquisitions
  • Locke Lord LLP
  • USA
  • October 29 2014

California Corporations Code Section 2115 sets forth a "long-arm statute" which requires corporations incorporated outside of California, but with


Enforcing US Stock and Bonus Plan Provisions Against UK Executives
  • Locke Lord LLP
  • United Kingdom, USA
  • January 7 2016

Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based


United States Supreme Court rejects presumption of prudence for stock-drop case
  • Locke Lord LLP
  • USA
  • June 26 2014

In a highly anticipated decision, the United States Supreme Court held that fiduciaries of employee stock ownership plans ("ESOPs") are not entitled


California Court of Appeal, Third District holds in-house attorney may be liable for malpractice for failing to warn employee about conflict
  • Locke Lord LLP
  • USA
  • December 4 2013

The California Court of Appeal, Third District, in Yanez v. Plummer, 2013 WL 5915639, Cal. Ct. App. 3d Dist., No. C070726 (Nov. 5, 2013) recently


Impending McAfee dismissal illustrates difficulties in challenging inflated legal fees
  • Locke Lord LLP
  • USA
  • August 5 2008

McAfee's suit against WilmerHale for allegedly improperly inflating its legal bills appears headed toward dismissal, further illuminating the hurdles that companies and D&O insurers face in resisting excessive defense bills


Delaware Superior Court: settlement of an action is not an adjudication for purposes of applying fraud exclusion in D&O policy
  • Locke Lord LLP
  • USA
  • July 25 2008

The Delaware Superior Court recently held that a fraud exclusion in a D&O policy did not bar coverage arising out of a stockholder litigation because the settlement of litigation did not constitute an adjudication of fraud as required to trigger the fraud exclusion


Federal district court holds that FCRA statutory damage provision is unconstitutionally vague and violates due process
  • Locke Lord LLP
  • USA
  • July 29 2008

Willful violations of the Fair Credit Reporting Act (FCRA) can be punished with statutory damages of between $100 and $1,000, and potentially punitive damages, even where no actual damages are shown


Massachusetts Supreme Judicial Court expands consumer zip code privacy protection in Tyler v. Michaels Stores
  • Locke Lord LLP
  • USA
  • March 12 2013

In a closely watched case with a somewhat unexpected result, the highest Massachusetts court decided in Tyler v. Michaels Stores that zip codes are


AT&T Wireless appeal seeks reversal of lower court ruling denying D&O coverage for $47 million settlement payment
  • Locke Lord LLP
  • USA
  • July 1 2008

AT&T Wireless Services, Inc. (“AWS”) recently filed a noteworthy reply brief in an ongoing D&O insurance coverage dispute between an AIG subsidiary and AWS over coverage for payments made by an acquirer on behalf of the acquiree’s directors and officers