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4 Jun 2016, 8:23 am
(Pix © Larry Catá Backer 2016)On April 12, 2016, the Supreme People's Court circulated its Provisions of the Supreme People's Court on Certain Issues Concerning the Application of the "Company Law of the People's Republic of China" (IV) (Draft for Comments) (最高人民法院关于适用〈中华人民共和国公司法〉… [read post]
10 May 2016, 4:21 pm
Donaldson, Lufkin & Jenrette, Inc., 845 A.2d 1031 (Del. 2004)] is similar to that articulated by the American Law Institute (ALI) in its Principles of Corporate Governance ¶ 7.01 and provides that the court must look to the nature of the wrong, to whom the relief should go, the independence of the direct injury to any injury to the company, and that the plaintiff can show that the duty breached was owed to the plaintiff and that the plaintiff can prevail without showing a harm to… [read post]
8 May 2016, 8:00 pm
The Quebec Court of Appeal in the Boulad case (2108805 Ontario inc. c. [read post]
7 May 2016, 6:40 am
In May 2015, the Tribunal partially granted the Commissioner’s request for an interim order, requiring the parties to preserve their assets and hold separate their operations in six of the 14 markets.[3] On March 29, 2016, the Commissioner and Parkland settled the proceedings by registering a consent agreement with the Tribunal.[4] The agreement provided for remedies in eight of the 14 originally contested markets, with six of those eight markets already subject to the… [read post]
13 Apr 2016, 4:55 pm
These include digital forensic preservation and investigation, notification of a broad range of third parties and other constituencies, fulfillment of a confusing constellation of state and federal compliance obligations, potential litigation, engagement with law enforcement, the provision of credit monitoring, crisis management, a communications plan – and the list goes on. [read post]
20 Mar 2016, 7:50 am
The securities lawyers of Gana LLP are investigating a complaint filed by The Financial Industry Regulatory Authority (FINRA) against brokerage firm VFG Securities, Inc. [read post]
17 Mar 2016, 4:51 pm
Independent counsel could monitor counsel hired by the insurer in order to keep litigation costs low and preserve the policy limits. [read post]
15 Mar 2016, 10:39 am
Yet while this has been how asset sales under the CCAA have traditionally been carried out, the recent examples of Nelson Education Ltd.[1] (commenced in May 2015) and Primus Telecommunications, Inc., et al.[2] (commenced just recently in January 2016) suggest an alternative approach. [read post]
11 Mar 2016, 8:35 am
Aequitas and the affiliated entities have agreed to be preliminarily enjoined from raising any additional funds by offering and selling securities, and agreed to the appointment of a receiver to marshal and preserve remaining Aequitas assets for distribution to defrauded investors. [read post]
10 Mar 2016, 5:25 pm
The SEC seeks permanent injunctions, disgorgement with prejudgment interest, and monetary penalties from all defendants as well as bars prohibiting Jesenik, Oliver, and Gillis from serving as officers or directors of any public company.Aequitas and the affiliated entities have agreed to be preliminarily enjoined from raising any additional funds by offering and selling securities, and agreed to the appointment of a receiver to marshal and preserve remaining Aequitas assets… [read post]
1 Mar 2016, 11:40 am
See NBTY, Inc. v. [read post]
1 Mar 2016, 11:40 am
See NBTY, Inc. v. [read post]
24 Feb 2016, 11:27 am
Aequitas Capital, and its affiliates, managed $1.67 billion in assets last year, up from $250 million in 2011. [read post]
13 Jan 2016, 5:05 pm
John Reed Stark David Fontaine In this day and age, the members of the boards of directors of most companies understand that cybersecurity issues are both important and should be a board-level priority. [read post]
27 Dec 2015, 6:23 am
According to Third Avenue’s Chief Executive David Barse the fund took the unprecedented step of halting redemptions because it needed to act quickly to preserve remaining assets. [read post]
16 Dec 2015, 9:26 am
To mitigate the risk of trade secrets theft, companies should review their security procedures, policies on IT resources and email usage, and employee exit interview/termination processes to ensure that the company’s assets are adequately protected. [read post]
5 Nov 2015, 5:13 pm
See also Comerica Inc. v. [read post]
5 Nov 2015, 6:13 am
There is also a fundamental unfairness in punitive damages being attached to probate but not to non-probate assets. [read post]
19 Sep 2015, 7:56 pm
Associates, LLC, and $1,200,000 due on a loan he made to that entity; (5) one-third membership interest, valued at $1,393,333, in Golfers World, LLC; (6) one-third membership interest, valued at $86,232, in All-Care Pharmacy, Inc.; (7) one-third membership, valued at $0, in Westbury Seniors, Inc.; (8) twenty-five percent interest, valued at $298,028, in Nalpak, Inc.; (9) twenty-five percent interest, valued at $72,790, in Fona, Inc.; (10) twenty-five percent… [read post]
25 Aug 2015, 11:58 am
In Block Communications, Inc. v. [read post]
