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11 Mar 2016, 6:14 am
Cook & Co., Inc., on Thursday, March 10, 2016 Tags: Agency costs, Boards of Directors, Derivative suits, Director compensation, Discovery, Equity-based compensation,Executive Compensation, Fiduciary duties, Peer groups, Say on pay, Settlements, Shareholder suits [read post]
3 Mar 2016, 12:39 pm by Kathryn Mellinger and Suchismita Pahi
On February 23, 2016, the FTC and Taiwanese computer hardware manufacturer ASUSTeK Computer, Inc., settled the FTC’s charges that ASUS-branded wireless routers, which were manufactured for home use and allowed consumers to attach a hard drive and create cloud storage, had major security issues. [read post]
22 Feb 2016, 4:36 pm by Kevin LaCroix
Scienter is a legal term that refers to intent or knowledge of wrongdoing.6 As relates to 10(b) and 10(b)(5) suits, the plaintiff must allege and prove that the defendants either intended to defraud or withhold material facts, or actually knew that their behavior was fraudulent and actively withheld material information. [read post]
21 Feb 2016, 2:42 pm
 A `material fact’ is one that affects the outcome of the suit. [read post]
20 Feb 2016, 5:11 am by Carl Neff
The interpretation of “plainly material” has been provided in a recent decision, In re BTU International, Inc. [read post]