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4 May 2020, 12:16 am by Peter Mahler
Among other precedents, Chertok relied on the First Department’s 2012 opinion in Sullivan v Harnisch in which the court held that a sole-discretion provision in the operating agreement of an investment fund “clearly and unambiguously provided that [the manager] had the sole discretion to determine plaintiff’s ‘Sharing Ratio,’ which would be used to determine his allocation of the bonus pool comprised of 75% of the funds’ profits. [read post]
27 Apr 2020, 4:47 am by Peter Mahler
Two of my pet topics — dysfunctional buy-sell agreements and application of federal court abstention doctrine in private company disputes — intersect in a decision issued last month in Ray v Raj Bedi Revocable Trust, Case No. 3:19-CV-711 DRL-MGG [N.D. [read post]
6 Apr 2020, 6:50 am by Second Circuit Civil Rights Blog
The Court uses this case to clarify the rules for certain collective actions.The case is Scott v. [read post]
31 Mar 2020, 5:00 am by Josh Blackman
— Phil Miles (@PhilipMiles) December 15, 2019 Day 89: #SCOTUS100 New York Times Co v Sullivan - Defamation of public figures requires actual malice… thus protecting NYT's long-standing tradition of negligently publishing false information. [read post]
25 Mar 2020, 12:19 pm by Shannon O'Hare
This approach has been endorsed and adopted in the recent case National Bank of Kazakhstan and the Republic of Kazakhstan v Bank of New York Mellon, Anatolie Stati and others. [read post]
13 Mar 2020, 6:31 am
.), on Friday, March 6, 2020 Tags: Extraterritoriality, Foreign issuers, International governance, Liability standards, Morrison v. [read post]
11 Mar 2020, 6:30 am by Guest Blogger
Ceballos, 547 U.S. 410 (2006), and Lane v. [read post]