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2 Nov, 2007 10:30 am by Michael Smith
Dennis Crouch's Patently-O website has a good post today on a a couple of recent cases from the ED that cites a couple of recent cases and my most current win rate at trial calculations. I wanted to ... of all, on the transfer in Weinstein v. UGS Corp: as Dennis notes, this was not a patent case - it was a negligence case against a corporation (albeit headquartered in Texas) for its actions connected with an employee that left work drunk and killed two people - and was subsequently prosecuted in ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
6 Nov, 2008 7:35 pm by Tom Smith
... . Food riots. Power blackouts as utility companies can't raise the money to maintain equipment. Bankruptcy of most major industrial corporations. Unemployment at or above Great Depression levels. Could it happen? Theoretically, of course, it's possible. But surely the probability must be ... fire in financial crises before (though not one like this one, but no one has). It would send a signal the O is a serious, thoughtful decision-maker and not some kind of SDS throwback (which I don't think he is ...
The Right Coast - http://rightcoast.typepad.com/rightcoast/
23 Jul 8:49 am by Michael C. Smith
... preserve error or obviate the need to actually offer the evidence at trial, or object to the evidence. (You might want to check your O'Connor's on this point, because it contains a unseful analysis what a limine ruling does and doesn't do). A few of these ... I would think, because of the risk of prejudice - but if the plaintiff got cute and started claiming what a great corporate citizen they are the defendant might ask to approach and argue that the plaintiff has opened the door. But an in limine ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
2 Mar, 2007 9:07 am
... Así, se ha afirmado que la viabilidad del otorgamiento por la sociedad de avales o fianzas en garantía de obligaciones asumidas por terceros depende de que el ente tenga ... obligación de contracautela que le fuera impuesta, en estos autos, a American Resource Corporation, dando a embargo una aeronave (marca Aerostar, modelo 601-P, matrícula ... con respecto al agravio relativo a la falta de facultades del Dr. Márquez Smith para efectuar los depósitos en garantía, corresponde señalar inicialmente que ...
Fallos DIPr - http://fallosdipr.blogspot.com/
17 May, 2008 8:35 pm
... name from Prof. Stephen Bainbridge. Here is the good professor's overview of his article: Smith v. Van Gorkom arguably was the most important corporate law decision of the 20th century. The supreme court of a state widely criticized for ... . The perception that the decision had significantly increased director liability exposure drove dramatic changes in the D&O liability insurance market. In turn, important legislative initiatives soon followed, including the now nearly universal liability ...
Tags: Commentary
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
10 Jun, 2008 12:09 am by Marty Lederman
... Right to Life case, the Court in effect invalidated the 60-year-old requirement that corporations and unions must use separate designated accounts (PACs), rather than ... again, of cases decided in the decade between 1995 and 2005 in which Justice O'Connor's was the decisive vote or opinion, and as to which a more conservative Justice ... v. Livestock Marketing (2005) -- financial assessments imposed to pay for government speech Smith v. Massachusetts (2005) -- double jeopardy Small v. United States (2005 ...
Balkinization - http://balkin.blogspot.com
8 Sep 11:35 am by admin
... that SIB's "Center of Main Interests" (COMI) is in Antigua, he designated Messr's. Wastell and Hamilton-Smith as "foreign representatives" of SIB for purposes of Stanford's English insolvency proceedings. In Dallas, meanwhile, Judge Godbey has permitted the ... their prior application for recognition, and over Mr. Janvey's anticipated objection. It appears that where Sir Allen's indictment is concerned, home is where the corporate jet is. But where SIB's liquidation is concerned . . . where is COMI?
South Bay Law Blog - http://www.southbaylawfirm.com/blog
22 Feb, 2008 5:15 am by J. Robert Brown
We are discussing Schoon v. Smith, an entirely predictable opinion in which the Delaware Supreme Court declined to allow a single director to bring a derivative suit. We know that the Delaware courts have a pro- ... challenged in the derivative suit. In discussing the provision, the Court noted that "[o]ver time, the stockholder derivative action became stigmatized as a 'refuge of strike suit artists specializing in corporate extortion.'" Really? While everyone knows there are strike suits in the ...
The Race to the Bottom - http://www.theracetothebottom.org/home/
23 Jul, 2008 11:24 am by Vanessa Vidal, Esq.
... Defense Jay Stephens Raytheon Company $1,415,461 David Savner General Dynamics Corporation $1,215,000 Terrence O'Donnell Textron Inc. $1,207,500 Kathleen Karelis L-3 ... 1,200,000 Roger Cooke Precision Castparts Corp. $1,191,375 Terrence Linnert Goodrich Corporation $1,023,818 Entertainment Alan Braverman The Walt Disney Company $4,450,000 Paul ... ,377 Suzanne Bettman R.R. Donnelley & Sons Company $1,092,824 Maura Smith International Paper Company $1,074,425 Fay Chapman Washington Mutual, Inc. $1, ...
InHouse Insider - http://www.inhouseinsider.com/
6 Nov, 2007 5:15 am by J. Robert Brown
... the Securities Subcommittee of the Senate Finance Committee held a hearing on the topic. Particularly as the written testimony from Jeff Smith, Partner in Charge of Environmental Practice, Cravath, Swaine, and Moore, indicated, the issue of crafting appropriate disclosure ... Fellow, Hoover Institution, Stanford University, who also sits on three other public company boards, Oracle Corporation; Shinsei Bank; Vodafone William W. George (64), Professor of Management Practice, Harvard University, and ...
The Race to the Bottom - http://www.theracetothebottom.org/home/
27 Feb, 2008 3:25 pm by Larry Ribstein
... law decision of the 20th Century"? Steve Bainbridge nominates Smith v. Van Gorkom. He argues that it "presaged Unocal's significant expansion of judicial review of corporate takeovers," "laid the foundation for the subsequent Caremark decision ... oversight of its subordinates," "significantly increased director liability exposure," "drove dramatic changes in the D&O liability insurance market" and spurred "liability limiting charter provisions authorized by Delaware General Corporation Law § ...
Tags: Securities, Fraud
Ideoblog - http://busmovie.typepad.com/ideoblog/
... of Rule 14a-8 to expand considerably companies' power to exclude proposals. The sixty corporate and securities law professors joining the brief as amici, listed alphabetically, are: Jennifer Arlen ... of Law Temple University James Beasley School of Law Lyman Johnson Robert O. Bentley Professor of Law, Washington and Lee University School of Law LeJeune Distinguished ... F. Arnold Daum Chair in Corporate Finance and Law and Professor of Law University of Iowa College of Law D. Gordon Smith Glen L. Farr ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
19 May 12:00 pm by Lucas A. Ferrara, Esq.
... There's a fundraiser for New York State Senate Majority Leader Malcolm A. Smith on Thursday, May 21, 2009, at 6PM, at Water's Edge. The suggested minimum ... Occupation/Employer ______________________________________________________ Please make checks payable to: MALCOLM A. SMITH FOR NEW YORK c/o DSCC, 107 Washington Avenue, 2nd Floor, Albany, NY ... Individual, partnership, PAC, LLC and LLP contributions are limited to $9,500. Corporations may give up to $5,000 annually to races in New York State. ...
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
27 Apr, 2008 6:19 am by Steve Kalar
... on some tremendously important issues merits a much-closer look by an en banc panel. Players: Great order by D.J. Dean Pregerson is reversed by Judges O'Scannlain and Milan Smith. Facts: Michael Arnold arrived at LAX after spending three weeks in the ... container, forces Boucher to produce the contents of his laptop.") For Further Reading: An informal survey by the Association of Corporate Travel Executives revealed that almost 90% of its members were not aware that Customs could search ...
Ninth Circuit Blog - http://circuit9.blogspot.com
19 May, 2008 4:41 am by Andrew Lavoott Bluestone
... for debts arising from "willful and malicious injury by the debtor to another." See Ball v. A.O. Smith Corp., 451 F.3d 66, 69 (2d Cir. 2006). ... Louisiana federal court on behalf of certain plaintiffs against creditor A.O. Smith Corporation ("A.O. Smith"). In that proceeding, A.O. Smith prevailed at summary judgment and won an award ... Ball for bringing the suit. The Louisiana district court ordered Ball to pay the cost of A.O. Smith's defense, an order affirmed by the Fifth Circuit. Ball then filed ...
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
10 Nov 11:04 am
... Agent Commission Antitrust Litigation. The Sixth Circuit's decision is the latest to embrace the pleading standards of Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007) by requiring plaintiffs to plead non-conclusory factual allegations that raise ... by the court, plaintiffs conjured a variance on the "continuing violation" theory of liability articulated in Klehr v. A.O. Smith Corporation, 521 U.S. 179 (1997). Specifically, plaintiffs maintained that upon emerging from bankruptcy, United ...
Antitrust Law Blog - http://www.antitrustlawblog.com/
... officer, UDJA and jurisdictional issues) CITY OF PASADENA, TEXAS v. RICHARD SMITH; from Harris County; 1st district (01-05-01157-CV, 263 SW3d ... Justice Medina delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Brister, and Justice Green joined. Chief Justice Jefferson ... nominal damages?, recovery of damages as prerequisite for recovery of attorneys' fees) MBM FINANCIAL CORPORATION, ET AL. v. THE WOODLANDS OPERATING COMPANY, L.P.; from Montgomery County; ...
The Jefferson Court Blog - http://texas-opinions.blogspot.com/
27 Apr, 2007 1:19 pm by Gordon Smith
... discussion among scholars from the U.S. and Europe will explore the international competition of corporate governance laws. The second half of the session will feature paper presentations based on submissions made ... , 2007 J. Reuben Clark Law School Brigham Young University P.O. Box 28000 Provo, UT 84602 Papers will be selected after review by members ... (Loyola) Marlene O'Connor (Stetson) Frank Partnoy (San Diego, Chair-elect) Larry Ribstein (Illinois) David Skeel (Penn) Gordon Smith (Wisconsin/BYU, ...
Conglomerate - http://www.theconglomerate.org/
... AN ALL-REPUBLICAN TEXAS SUPREME COURT IS TO REVERSE JURY VERDICTS IN TORT CASES AGAINST CORPORATE DEFENDANTS. A VARIETY OF LEGAL THEORIES WILL DO, INCLUDING FEDERAL PREEMPTION October 23, 2009 ... Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined.(Justice O'Neill and Justice Guzman not sitting)(Newly appointed Justice Eva Guzman ... ' judgment. Chief Justice Jefferson delivered the opinion of the Court. FEE RECOVERY LIMITED Smith v. Patrick W. Y. Tam Trust, No. 07-0970 (Tex. Oct ...
The Jefferson Court Blog - http://texas-opinions.blogspot.com/
... a company involved in accounting fraud even where the executive was innocent of the wrongdoing. [33] The concept of corporate clawback is derived from the breach of fiduciary duty, but operates as an equitable notion of restitution. [ ... Mar. 17, 2009, 18:25 EST); T. Leigh Anenson & Donald O. Mayor, "Clean Hands" and the CEO: Equity as an Antidote for Excessive Compensation (Aug. 19 ... ] See, e.g., Harris Trust & Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238, 250 (2000) (citing 1 Dobbs, ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
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