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30 Jul 11:44 am
... The second concern was whether having a "pass through" entity (i.e., using the Surgeon LLC to own a Company that owns and operates
the Hospital-Surgeon ASC) to hold the investment interests in the ASC would increase a risk of ... OIG considered whether "obtaining appraisals of the tangible assets of the ASCs
at the time of their merger, with either party (the Surgeon LLC or the Hospital) contributing cash, if necessary to equalize the value of their
respective contributions" is an adequate method ...
4 Sep 1:56 pm
... and does not constitute legal advice. Reading the content of this writing or communicating with our office staff or attorneys by telephone, fax or e-mail does not make you a
client of Tamari & Blumenthal, LLC. To become a client, you must sign and return our governing engagement ... business law firm. The law
firm represents clients in a broad range of business disputes. Attorneys Walid J. Tamari and Grant Blumenthal are the law firm's co-managing partners.
22 Jan, 2007 9:53 am
... "H.E.R." are the source of the company's name. His son, Harley Rouda, Jr. is the current Chief Executive Officer, General Counsel and Managing Partner of ... . Techs.
Corp., 811 F.2d 960, 964 (6th Cir.1987) (holding that there is a public interest in preventing consumer confusion and deception in the marketplace and ... Injunction is GRANTED.
Defendant Barlow and Defendant RE/MAX First Choice, LLC are hereby PRELIMINARY ENJOINED from the use of the following domain names: (1)
www.harleyroudajr.com (2) ...
29 Sep, 2008 12:00 pm
... exist is a question not before us today. We do not, however, hold or suggest that there are none. In Tzolis's aftermath, lower courts have taken ... have been futile.
Contemporaneous Ownership Requirement Adopted in Billings v. Bridgepoint Partners, LLC Section 626(b)
of the Business Corporation Law and Section 121 ... limitations on standing as in the corporation and limited partnership setting, were inevitable. Will courts in LLC derivative actions also adopt common law counterparts to the BCL and RLPA ...
26 Jan, 2007 12:18 am
... One of GMCI's ventures involves the licensing of the Penthouse marks to qualified business partners. In furtherance of that goal, on or
about June 10, 2003, GMCI entered into a license agreement ... LLC, WIPO Case No. D2005-0244, ¶ 6(C) (use of domain name to attract users for
commercial gain is evidence of bad faith); Volvo Trademark Holding ... Rules requires settlement negotiations to be disclosed to the UDRP panel during the proceeding. See,
e.g., Elite Model Mgmt. Corp. v. Perkins, WIPO Case No. ...
28 Jul, 2008 11:30 am
An important appellate decision handed down earlier this month holds that LLC members' fiduciary duties to each other do not expire upon
the de facto termination of the members' business relationship, but, rather, ... partner relation and associated fiduciary duties terminate upon the declared intention of a
partner to withdraw from the partnership. They argued that such intention to withdraw was further evidenced by the Attorney's e-mail sent to the Brokers after the February
17, 2003 meeting in ...
4 May, 2008 3:55 pm
... extensively on the topic of "uncorporations" in general and comparisons with the corporate form in particular. See, e.g., here. Third, it is notable that after a trial and
extensive briefing (read ... address the issue of whether the plaintiff in this case had a "proper purpose" for requesting the documents. Madison Ave. Inv. Partners, LLC v. Am. First Real Estate Inv ... agree on a contract's proper construction. United Rentals, Inc. v.
Ram Holdings, Inc., 2007 WL 4496338, at *15 (Del. Ch. Dec. 21, 2007 ...
18 May, 2008 7:54 pm
... considered existing caselaw which established a fiduciary duty in the close corporation context. It harmonized these cases with its holding as collectively standing for the
proposition that both close corporation agreements and operating agreements could permissibly limit ... is to be measured, if the standards are not manifestly unreasonable; California.
In California, in a manger-managed LLC, a manager owes members the same duties as a partner does to a partnershiop and to the other
partners under ...
27 Oct, 2008 12:00 pm
... was signed), each of which provided that a partner or member who leaves Viking is only entitled to his capital account balance and compensation owed. LLC #3 had a draft, ... of frauds to operating agreements. Here's the heart of his ruling: This court holds that if an LLC agreement contains a provision or multiple provisions which cannot possibly be performed within ... to make payment under the earnout provision could
occur within one year, e.g., Olson could have been fired less than one year from ...
8 Feb, 2007 12:24 am
... . So the team called upon Sedgwick's technology-based subsidiary, Xerdict Group LLC, which is led by Michael Tanenbaum, the managing
general partner of Sedgwick's Newark, N.J., office, to construct a secure, Web ... e-discovery portal but also the products needed to implement the recommendations of the
e-discovery practice (e.g., how to identify and collect electronic data, the process of implementing litigation holds, the production of documents, the
implementation of records retention policies, etc ...
25 Aug, 2008 3:54 pm
... the costs of managers' blunders." HA2003 Liquidating Trust v. Credit Suisse Secs. (USA) LLC, 517 F.3d 454 (7th Cir. 2008) (pdf) The latest
failed effort is found ... struck. See Wallace v. 600 Partners Co., 86 N.Y.2d 543, 634 N.Y.S.2d 669, 658 N.E.2d 715 (N.Y. ... ,
personally, his counsel, or both should pay the sanction." Noting the split in the circuits on the applicable standard for holding a bankruptcy trustee personally liable for
sanctions, the Court held Maxwell harmless under the standard of ...
20 Aug, 2008 12:19 pm
... Plaintiffs Failed to Establish Reliance on any Deceptive Acts by Moving Defendants New York Federal Court Holds Plaintiffs filed a class action complaint against various
defendants, including various Bank of America entities, various Citigroup entities, and Pavia e Ansaldo, alleging violations ... S.D.N.Y. 2005). Subsequently, the United States
Supreme Court issued its opinion in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.,
128 S.Ct. 761 (2008), our summary of ...
7 Dec, 2007 9:27 am
... company, and the owners do not make a superseding shareholder or operating agreement, is the prior agreement enforceable when a shareholder or LLC member wants out or seeks judicial dissolution? The answer is complicated by a long line of New York case precedent, most ... Corp. decided by New York's
highest court in 1957, holding that a partnership may not exist where the business is conducted in corporate form, and parties may not be partners between themselves while using the corporate shield to ...
7 Dec, 2007 9:27 am
... company, and the owners do not make a superseding shareholder or operating agreement, is the prior agreement enforceable when a shareholder or LLC member wants out or seeks judicial dissolution? The answer is complicated by a long line of New York case precedent, most ... Corp. decided by New York's
highest court in 1957, holding that a partnership may not exist where the business is conducted in corporate form, and parties may not be partners between themselves while using the corporate shield to ...
15 Mar, 2008 4:00 pm
... Inc. Minnesota District Court Filed: March 14, 2008 Plaintiff: North Point Capital Partners, LLC
Defendant: Asset Recovery & Recycling, Inc. Case Number: 0:2008cv00695 Full ... Construction Machinery Company, Ltd. Case Number: 2:2008cv00336 Niche Media Holdings,
LLC v. Niche Downtown, LLC et al Nevada District Court Filed: March 14, ... Level Turf Corp., Clinton
Stowers, Ed Vreeland Case Number: 1:2008cv00941 Triple E Protective Coatings USA Inc v. Thermoguard California Inc et al California Central ...
19 Dec, 2007 11:12 am
... Inland Cellular Telephone Company 0001523125 IT&E Overseas, Inc. 15,000,000 - 40,000,000 0017169087 KeyOn Spectrum Holdings, LLC 0 - 15,000,000 0017164583 ... Telephone Company 15,000,000 - 40,000,000 0014990436 Northern Iowa Communications Partners, LLC 15,000,000 - 40,000,000 0001704246 Panhandle Telecommunication Systems, ... , Inc. 0003742384 Red
River Rural Telephone Association, Inc. 0001886464 Sandhill Communications, LLC 15,000,000 - 40,000,000 0001551241 Siskiyou Telephone Company
15,000, ...
14 Feb 11:56 am
... a host of individualized issues that swamp any issues common to the putative class. E. The Seventh Circuit Holds That a Class May Not Be Certified For Claims Seeking
Rescission Under ... each of the plaintiffs. Id. at 148-49. Likewise, in Gene & Gene LLC v. Biopay LLC, 541 F.3d 318 (5th Cir. 2008), the Fifth ... having deviated from Epstein, 179 F.3d 641. The court viewed Epstein as holding that a collateral
attack is barred only when the original certifying court or reviewing court specifically ...
15 Jan, 2008 3:06 am
... 1:07-cv-00623 Chicago Board Options Exchange, Incorporated v. International Securities Exchange, LLC filed 01/31/07 1:07-cv-00643 Baseball
Marketing Ideas, L. ... , LLC et al filed 05/30/07 1:07-cv-03025 Malessa Partners, L.L.C. v. Express
Scripts, Inc. filed 05/30/07 closed 12 ... 08/07/07 closed 11/13/07 1:07-cv-04476 Global Patent Holdings, LLC v. CDW Corporation et al
filed 08/08/07 1:07-cv ... North America filed 09/19/07 1:07-cv-05321 MLR, LLC v. E-Ten Information Systems Co., Ltd. et al filed
09/20/07 ...
22 Jun 9:46 am
... did not underwrite auction rate securities. The firms include Raymond James Financial Inc., Oppenheimer Holdings Inc., E*Trade Financial Corp., and TD Ameritrade ... .
One of the targets of the new wave of suits by "left out" investors is UBS Securities LLC, the New York-based subsidiary of Swiss giant UBS AG.
The allegations focus on ... became completely illiquid. J. Boyd Page, senior partner of the Atlanta law firm of Page Perry LLC, says
"Anyone who invested in auction rate securities potentially ...
28 May, 2008 8:56 am
... number of companies announcing they hold them, and also a greater portion of them taking write downs," said Barry Silbert, CEO of Restricted Stock Partners, which operates the largest secondary market trading system for the securities. According to a survey by Treasury Strategies ... affirmed in an
e-mail that the ARS securities it holds are of "very high credit quality [and they] represent a small percentage of [the company's] overall portfolio." Page Perry,
LLC is an Atlanta- ...
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