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29 Feb 2016, 4:43 pm by Kevin LaCroix
  For that reason, the Sixth Circuit found that plaintiffs did not have to make any allegations about management’s state of mind when the company and its management offered the challenged opinions. [read post]
30 Nov 2011, 2:15 pm by Mandelman
 No mid-level manager at JPMorgan, for example, made a call to start committing fraud and forgery. [read post]
27 Aug 2010, 12:01 am
According to the Delaware complaint, on February 1, 2002, Aztar caused Adamar of Nevada to purchase the Jaffe Group’s 50% interest in Tropicana Enterprises, thereby causing Aztar to become the “beneficial owner” of the equity interests in Tropicana Enterprises.As described in the Delaware complaint, Aztar’s purchase of the remaining 50% interest held by the Jaffe Group rendered the reversionary interest right that Tropicana Enterprises had in the Tropicana trademark… [read post]
27 Jul 2014, 5:30 am by Barry Sookman
Segin Software, LLC (PTAB 2014) http://t.co/rVoZlj6vEA -> Bombay HC clarifies first of several gray areas in Copyright (Amendment) Act, 2012 http://t.co/80UNTFsHfh -> Data Structure Patent Ineligible in US http://t.co/ZvVfYbVZEl -> CRTC takes action against telemarketers selling home improvement services http://t.co/dO3BGsKxvQ -> When is news reporting fair use under copyright law? [read post]
3 Sep 2018, 6:00 am
When first using the online system, create a user name and password, supply an e-mail address, and provide other identity information. [read post]
8 May 2024, 2:26 pm by Kevin LaCroix
”  Fiduciaries have no obligation to take into account the government’s failure to properly manage the Trust Fund when designing and monitoring their plans. [read post]
28 Nov 2016, 8:59 am by Adam Levitin
That’s the first part of the CFPB’s mission. [read post]
1 May 2007, 11:55 am
For the purposes of the agreement, "control" means the power to direct the management and policies of a subsidiary through the ownership of voting securities, by contract or otherwise. [read post]
14 Mar 2016, 3:39 am by Peter Mahler
One of my favorite quotes from the realm of business valuation is found in a Delaware Chancery Court decision about 20 years ago in which, commenting on the vast disparity between the appraisals offered by two opposing experts — that for the seller making wildly optimistic assumptions about the subject firm’s business prospects while that for the buyer predicting doom and gloom — the court quipped, “In sum, one report is submitted by Dr. [read post]
1 May 2012, 12:58 pm by Law Lady
The corporation's failure to give 60-days notice before issuing the dividend did not make it impossible for plaintiffs to comply with the trustee demand exception.Akanthos Capital Management, LLC v. [read post]
14 Mar 2016, 3:39 am by Peter Mahler
One of my favorite quotes from the realm of business valuation is found in a Delaware Chancery Court decision about 20 years ago in which, commenting on the vast disparity between the appraisals offered by two opposing experts — that for the seller making wildly optimistic assumptions about the subject firm’s business prospects while that for the buyer predicting doom and gloom — the court quipped, “In sum, one report is submitted by Dr. [read post]
14 Mar 2016, 3:39 am by Peter Mahler
One of my favorite quotes from the realm of business valuation is found in a Delaware Chancery Court decision about 20 years ago in which, commenting on the vast disparity between the appraisals offered by two opposing experts — that for the seller making wildly optimistic assumptions about the subject firm’s business prospects while that for the buyer predicting doom and gloom — the court quipped, “In sum, one report is submitted by Dr. [read post]
26 Jan 2010, 6:30 am by velvel
Well, as said in this space before, and as even cautious lawyers and other cautious types are finding it ever more acceptable to say, what underlies it is a desire to protect SIPC and its management from accountability for incompetence and worse -- incompetence and worse that caused SIPC not to build up a sufficient fund to cover the bankruptcy of a major broker even though Congress and the GAO warned SIPC about this the best part of a decade ago. [read post]
6 Mar 2008, 12:16 pm by Thornhill Law Firm, APLC
The Insurance Guaranty Association Fund, as provided in R.S. 22:1375 et seq., shall not be liable for any special damages awarded under the provision of this draft as Division could have had rights against insurer for reimbursement of medical services furnished to insured. [read post]
20 Nov 2022, 9:53 am by David Kopel
The first "Bowie knife" law was enacted by Mississippi on May 13, 1837. [read post]
2 Feb 2007, 6:52 am
"   HeinOnline's Law Journals Library - New Titles Competition Law International Vol. 1#1 (2005)   Holocaust and Genocide Studies Vols. 1-15 (1986-2001)   International Business Lawyer Vols. 1-29 (1973-2001) All Published   Law and Labor Vols. 1-14 (1919-1932) All Published   Macquarie Journal of Business Law Vols. 1-2 (2004-2005)   Property Lawyer Vols. 1-12,… [read post]
9 Apr 2011, 3:48 pm
First, United claimed that the provision of Espinosa's plan authorizing the discharge of his student loan interest was inconsistent with the Code, which requires a court 1375*1375 to find undue hardship before discharging a student loan debt, §§ 523(a)(8), 1328(a), and with the Bankruptcy Rules, which require the court to make the undue hardship finding in an adversary proceeding, see Rule 7001(6). [read post]
15 Mar 2010, 8:31 am by velvel
Investors will have no guaranty of protection -- contrary to the purposes of Congress. [read post]