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26 Jan 2023, 12:49 pm by Steve Bainbridge
And he shares my concern that Fairhurst's misconduct, while doubtless egregious, did not go to the sort of existential, "mission critical" failures that drove the recent Marchand and Boeing decisions: My concern here is that in light of this decision, it may be easier for plaintiffs to sustain claims that both officers and directors have breached their duty of oversight. [read post]
26 Jan 2023, 11:29 am by Kevin LaCroix
In a shareholder claim against the former global head of HR at McDonald’s, the Delaware Chancery Court has held that liability for breach of the duty of oversight, which Delaware courts had previously extended only to corporate directors, can also extend to corporate officers, as well. [read post]
25 Jan 2023, 2:44 pm by Steve Bainbridge
But there are significant differences between this case and even cases like Marchand and Boeing: It involves an officer rather than the board.At least by 2018, the Board was aware of the problems and was dealing with them. [read post]
20 Jan 2023, 4:00 am by Guest Author
From the mundane—the fact that Americans pay more for slower Internet access than many of our peers in other similarly wealthy countries—to the catastrophic, in the form of the hundreds of people who lost their lives to the Boeing 737 Max crashes due to corporate greed and lax regulation, the failures associated with privatization and deregulation pervade life in the past half century. [read post]
12 Jan 2023, 3:40 am by Jon Hyman
Here's what the NLRB said on this very issue in Boeing Co.: Rules that the Board … designates as unlawful to maintain because they … prohibit or limit NLRA-protected conduct, and the adverse impact on NLRA rights is not outweighed by justifications associated with the rule. [read post]
10 Jan 2023, 8:48 am by Simon Lovegrove (UK)
Real Time Gross Settlement (RTGS): The Bank of England (BoE) is introducing the delivery of ISO 20022 messaging in CHAPS on 19 June 2023 as part of the RTGS Renewal programme. [read post]
10 Jan 2023, 8:30 am by Simon Lovegrove (UK)
Real Time Gross Settlement (RTGS): The Bank of England (BoE) is introducing the delivery of ISO 20022 messaging in CHAPS on 19 June 2023 as part of the RTGS Renewal programme. [read post]
10 Jan 2023, 7:12 am by Kevin LaCroix
Like Boeing, Gap too had a forum selection provision requiring that derivative claims be brought in Delaware Chancery Court. [read post]
9 Jan 2023, 12:02 pm by Jennifer Danish
Think of things like the mortgage or rent on an office, utility and maintenance costs, or payroll.Business overhead expense insurance (BOE) is an insurance policy that reimburses small businesses for overhead expenses up to the limits of the policy if the insured individual (usually, but not necessarily, the business owner) becomes disabled and as a result the company can no longer cover those expenses.Most BOE policies will only pay benefits for up to 2-4 years after the insured… [read post]
9 Jan 2023, 5:42 am by Simon Lovegrove (UK)
On 9 January 2023, the Bank of England (the Bank) updated its webpage on banks, building societies and investment firms. [read post]
3 Jan 2023, 1:47 pm by Kevin LaCroix
The directors’ and officers’ liability environment is always changing, but 2022 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
1 Jan 2023, 9:03 pm by Christopher Hodges
The Boeing 737 MAX disasters demonstrated what happens when responsibility is delegated without justified trust, and a commercial organization pursues only a profit goal, corrupting the culture. [read post]
21 Dec 2022, 10:45 am by Jennifer Danish
A BOE policy is designed specifically to cover fixed overhead costs (such as rent, utilities, maintenance, payroll, etc.) while an important individual (typically although not necessarily an owner) the company relies on to pay the bills is disabled. [read post]
20 Dec 2022, 11:44 am by Tom Kosakowski
The following organizations created or expanded (indicated in parentheses) their Ombuds programs:Asian Infrastructure Investment Bank;Boeing Company;Common Cause;Consultative Group on International Agricultural Research (CIGAR);CVS;Development Bank of Latin America (CAF);Elizabethtown Community and Technical College;Federal Mediation and Conciliation Service;Film and TV School of the Academy of Performing Arts;Furman University (staff)Germanna Community College;Georgetown University… [read post]
20 Dec 2022, 10:35 am by Emily Harbison and Eduardo Vargas
The Boeing Co. further clarified this standard and provided a three-pronged approach. [read post]
19 Dec 2022, 6:05 am by Marieke de Hoon
A Dutch District Court’s recent verdict that three commanders of Russian-backed forces were guilty of downing Flight MH17 on July 17, 2014, and murdering all 298 people on board was also significant for an underlying finding: a legal conclusion that the commanders’ forces in that area of eastern Ukraine were under the “overall control” of Russia. [read post]
This heightened showing departs from the standard used in PCC-Boeing to compare and weigh the interests of the petitioned-for employees and the excluded employees. [read post]