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8 Feb 2023, 4:30 am by Michael C. Dorf
The SG's brief responds that there is no authority for the proposition that "if A causes financial harm to B, and B owes money to C, C has standing to sue A. [read post]
7 Feb 2023, 6:30 am
Identifying the applicable standard, the court stated: “To plead a Red-Flags Claim that will survive a Rule 12(b)(6) motion, a plaintiff must plead facts supporting an inference that the fiduciary knew of evidence of corporate misconduct. [read post]
7 Feb 2023, 6:30 am
Identifying the applicable standard, the court stated: “To plead a Red-Flags Claim that will survive a Rule 12(b)(6) motion, a plaintiff must plead facts supporting an inference that the fiduciary knew of evidence of corporate misconduct. [read post]
6 Feb 2023, 9:05 pm by renholding
This post comes to us from Catharina Janz, Rainer Michael Rilke, and B. [read post]
6 Feb 2023, 9:01 pm by Ryan Goodman
Trump and other defendants as soon as reasonably possible[2-b]. [2-a] This is consistent with and reflected in the book. [2-b] This is not consistent with or reflected in the book. [read post]
6 Feb 2023, 7:45 pm by Richard Hunt
Not all of us are so honest, and so in matters of litigation we have a method for deciding what is true – a trial. [read post]
6 Feb 2023, 1:37 pm by Guest Author
”[14] The Release also compared the Section 404 requirements against Section 13(b)(2) by citing the Commission’s interpretive release from 1981:  We have previously stated, as a matter of policy, that under Section 13(b)(2) “every public company needs to establish and maintain records of sufficient accuracy to meet adequately four interrelated objectives: appropriate reflection of corporate transactions and the disposition of assets;… [read post]
6 Feb 2023, 5:50 am by Jeff Welty
In the meantime, if you want to get up to speed on other issues involving cannabis, hemp, and related matters, my colleague Phil Dixon is on [read post]
6 Feb 2023, 4:31 am by Peter J. Sluka
  Based on the principle that dissolution should be a remedy of last resort, the Court of Appeals in Matter of Kemp & Beatley introduced another layer into the “available remedies” analysis of BCL 1104-a(b). [read post]
5 Feb 2023, 7:38 pm by Michael Froomkin
Quelle que soit la nature de la réponse de la société (ou devrais-je dire des sociétés ?) [read post]
5 Feb 2023, 5:12 pm by Francis Pileggi
” Court’s Analysis          The court recited the familiar and plaintiff-friendly standard for a motion to dismiss under Rule 12(b)(6). [read post]
4 Feb 2023, 12:16 pm by Rebecca Tushnet
GRRM hasn’t released The Winds of Winter—is the delay b/c we didn’t give him enough $, or b/c we gave him too much? [read post]
4 Feb 2023, 8:05 am by Jeffrey P. Gale, P.A.
Lago testified that it was not raining (the slip and fall happened under an overhang in front of the Costco entrance), she did not see the liquid on the floor before she fell, she didn’t know what the liquid was (other than that it was wet), and she didn’t know how long it had been there. [read post]
3 Feb 2023, 3:01 pm by Dan Harris
Usually, these risks are mostly financial and relate to things like taxes and pensions, etc. b. [read post]
3 Feb 2023, 12:36 pm by Rebecca Tushnet
Does it matter whether this was the Mickey Mouse Term Extension act? [read post]
3 Feb 2023, 11:55 am by Chris Castle
If you can’t afford life-saving surgery, it doesn’t really matter how effective it is. [read post]
3 Feb 2023, 7:23 am by Rebecca Tushnet
Some differences driven by differences b/t design and invention. [read post]
2 Feb 2023, 9:00 pm by Austin Sarat
The court concluded that it didn’t because (a) police officers aren’t soldiers and (b) occupying the premises for less than 24 hours didn’t amount to quartering. [read post]