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The Scarce Appellate Case Law on Untimely Buyout Elections As far as I can tell there are just three Appellate Division decisions addressing courts’ discretion to allow untimely BCL § 1118 elections, two affirming denial of untimely elections, one affirming the grant of a late election: Matter of Weingarten v Thirty-First St. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Critiquing the Critiques of Police Labor Arbitrations

13 Feb 2023, 3:30 am by Joseph Slater

Labor Committee v. [read post]

JOTWELL - The Journal of Things We Like (Lots) - https://jotwell.com/

[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

10 Feb 2023, 12:30 pm by John Ross

St. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] N.C. Ban on Criminal Libel of Candidates Likely Unconstitutional, Fourth Circuit Holds

8 Feb 2023, 9:34 am by Eugene Volokh

City of St. [read post]

The Volokh Conspiracy - http://www.volokh.com/

SMS, LLC v. COHERENT TECHNICAL SERVICES, INC.

8 Feb 2023, 7:17 am by Unreported Opinions

Contracts — Breach — Failure to state claim SMS, LLC (“SMS”), appellant, filed a complaint in the Circuit Court for St. [read post]

On the Record - http://thedailyrecord.com/ontherecord/

Mayer Brown Discusses Five Steps for Directors to Consider About Risk Governance

6 Feb 2023, 9:01 pm by renholding

The court stated that it did not need to decide whether liability existed under the prong 1 claim to dispose of the motion to dismiss, but noted that a report prepared by external counsel indicated that the company had a “woefully inadequate compliance system. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

About That $91,000: A Cautionary Tale About the Paperwork Reduction Act of 1980 and Section 404 of the Sarbanes-Oxley Act of 2002, by Yoon-Ho Alex Lee

6 Feb 2023, 1:37 pm by Guest Author

The SEC’s Office of Economic Analysis’ 2009 Study on Section 404 states this point more explicitly: “Section 13(b)(2) of the Exchange Act requires companies to maintain effective ICFR, while Section 404 requires management to report on the effectiveness of ICFR. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Recent changes to the Madrid System

6 Feb 2023, 8:30 am by Marcel Pemsel

Allowed formats are: JPEG, PNG or TIFF for pictures; WAV or MP3 (not exceeding 5 MB) for sounds; and MP4 (not exceeding 20 MB) for videos Further information on the formats can be found in the WIPO standards ST.67, ST.68 and ST.69. [read post]

IPKat - http://ipkitten.blogspot.com/