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As one court noted, the statute’s use of the term “includes” suggests that only a statement affirmatively “included” in the consumer contract, warranty, notice or sign should give rise to liability; in addition, the legislative history does not include any examples of an omission triggering liability. [read post]
15 Jan 2019, 2:48 pm by Kevin LaCroix
As I noted at the time (here), on December 19, 2018, Delaware Vice Chancellor Later held that under Delaware law, a corporate charter provision specifying that liability actions under Section 11 of the Securities Act of 1934 must be brought in federal court are invalid and ineffective. [read post]
8 Jan 2016, 3:14 am by Broc Romanek
Shortly thereafter, Vaalco reached a resolution with the activist investor. [read post]
15 Apr 2019, 2:29 pm by Kevin LaCroix
Last week, the SEC announced the resolution of another enforcement action against private company executives. [read post]
11 Oct 2023, 12:26 pm by Unknown
As a result, an acquired company could potentially still obtain a declination.Monaco further explained that an acquiring company’s disclosure under the new M&A safe harbor would not influence that company’s recidivist analysis.However, Monaco noted, the new M&A policy will be limited to criminal conduct in “bona fide, arms-length M&A transactions” and would not apply in the case of information required to be disclosed… [read post]
9 Sep 2011, 7:00 am by Max Factor
She reports the company’s cover-up of repeated sexual harassment of young women. [read post]
17 Jun 2015, 7:06 pm by Joy Waltemath
The insurance company fared no better with its due process argument that the district court’s class certification order violated its due process rights by limiting its ability to raise affirmative defenses and by approving the use of statistical modeling among class members to determine liability, contrary to the holding in Dukes. [read post]
6 Aug 2019, 8:39 am by Chris Castle
There appears to be some unusual statements regarding the unusual PledgeMusic liquidation bankruptcy currently underway in the UK involving at least one of the Pledge companies, PledgeMusic.com Limited. [read post]
14 Jun 2009, 4:33 am
The jury may render a "defense verdict," meaning that it finds no liability on the party of the defendant. [read post]
3 Aug 2016, 11:51 am
Limited partners enjoy liability protection much like the shareholders of a corporation or the members of a limited liability company (LLC).An LP allows for pass-through taxation, as its income is not taxed at the entity level. [read post]
3 Aug 2016, 11:52 am
Limited partners enjoy liability protection much like the shareholders of a corporation or the members of a limited liability company (LLC).An LP allows for pass-through taxation, as its income is not taxed at the entity level. [read post]
There are several key pieces of UK legislation which may apply to international companies i.e. which have extra-territorial reach and which international businesses, including Indian businesses, should take note of. [read post]
3 May 2016, 5:08 pm by Kevin LaCroix
  The insurance-buying community has responded enthusiastically, as noted in online reports of year-on-year growth of cyber-risk insurance premiums.[1]   But how much third-party liability protection are insureds really getting from these new cyber-risk insurance products? [read post]
26 Jan 2009, 3:15 am
Presiding Justice Jonathan Lippman of the Appellate Division, First Department, who was recently nominated by Governor Paterson to become New York's Chief Judge on the Court of Appeals, has written a significant decision addressing rights of advancement and indemnification for litigation expenses in the limited liability company setting. [read post]
13 Oct 2014, 6:00 am by Daniel E. Cummins
That second-level UIM carrier denied the claim by arguing that the issue of damages had already been fully litigated, with the result being a number that was below the first-level UIM carrier's policy limits, thereby precluding the claim for second-level benefits.The trial court upheld the insurance company's collateral estoppel argument and the plaintiff appealed. [read post]
6 Mar 2010, 11:50 am by James Hamilton
Similarly, the House measure caps the FDIC's liability at that which would have been allowed if the company had been liquidated under the Code. [read post]
20 Jan 2016, 9:37 am
’  Importantly, by its plain language § 1442(a)(1) provides for the removal of an entire `civil action,’ so removal is not limited only to specific qualifying claims. [read post]