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24 Jan 2014, 12:57 am by Kevin LaCroix
Liability may attach if the officer is adjudged in hindsight to have acted outside the scope of his or her delegated authority or to have failed to act on a matter that was not (sic) within his or her expected areas of responsibility.[8]   More recently, five decisions by federal district courts in California ruled that the business judgment rule applies only to independent directors, not officers. [read post]
5 Oct 2017, 5:20 pm by Wolfgang Demino
Upon closing of the securitization transaction the First Marblehead Corp. would then skim off more than 8% as its “structural advisory fee”.This was possible because the Trusts formed by FMC through the Funding LLC as depositor sold securities far in excess of the value of the pooled loans to be acquired with the proceeds. [read post]
16 Feb 2024, 4:27 am by Allan Blutstein
Jan. 31. 2023) — reversing and remanding district court’s decision and concluding, in relevant part, that the agency failed to establish that the names of companies that supply the government with a drug used for lethal injections qualify as “commercial” information under Exemption 4; and Ctr. for Investigative Reporting v. [read post]
13 Apr 2020, 4:19 pm by Kevin LaCroix
… This standard for preliminary approval of class action settlements was established by amendments to rule 23(e) that became effective on December 1, 2018.[7]   Since March 11, when the novel coronavirus was officially characterized as a pandemic by the World Health Organization, the U.S. securities class action litigation exposure to alleged violations of Rule 10b-5 directly related to COVID-19 has amounted to $2.7 billion.[8]   Data and analysis indicate that investors… [read post]
28 Dec 2011, 10:23 am by Susan Brenner
On December 8, 2010, “another hearing was held, relative to the divorce proceedings. [read post]
28 Apr 2024, 11:33 am by admin
To give the reader some idea of the artificial flavor of Egilman’s pomposity, paragraph 8 of his remarkable declaration avers” “My views on the scientific standards for the determination of cause-effect relationships (medical epistemology) have been cited by the Massachusetts Supreme Court (Vassallo v. [read post]
15 Feb 2017, 8:49 am by Jan von Hein
German courts of three instances recognized and enforced the Hungarian decree to return the child according to Art. 23 and 31 (2) Brussels IIbis-Regulation. [read post]
26 Jun 2023, 9:01 pm by renholding
Philadelphia National Bank’s holdings are still binding.[8] The Supreme Court has not since revisited or criticized these holdings, and the basis for the structural presumption in merger review is even stronger today than it was in 1963 and is cited consistently and authoritatively by courts throughout the country.[9] 60 years on, Philadelphia National Bank has stood the test of time. [read post]