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4 Nov 2021, 2:05 pm by Jordan Bierkos
Commentary Regarding the interpretation of the contract generally, the Court’s consideration of whether the terms incorporated by reference actually formed part of the agreement stands as an interesting 21st century twist on the so-called “battle of the forms”.[14]See Butler Machine Tool Co Ltd. v Ex-Cell-O Corp (England) Ltd. [1977] EWCA Civ 9. [read post]
11 Nov 2021, 2:07 pm by Kevin LaCroix
  And to the extent companies might incorporate ESG disclosures into public offering documents, any alleged ESG-related misstatements in that context could lead to issuer securities actions under Section 11 of the Securities Act of 1933. [read post]
24 Jan 2022, 11:03 am by Kevin LaCroix
[v]   In First Solar, the policyholder sought coverage under its D&O tower for a 2014 securities lawsuit (the “Maverick Action”) brought against it by a group of shareholders who had previously opted out of an earlier securities action against First Solar (the “Smilovits Action”). [read post]
4 Sep 2018, 3:35 pm by Kevin LaCroix
Supreme Court issued its unanimous decision in Cyan, Inc. v. [read post]
2 Apr 2019, 2:38 am by Kevin LaCroix
File “peer review” analysis deep in the file cabinet where it belongs. [read post]
7 Sep 2020, 2:06 pm by Kevin LaCroix
As the following discussion shows, this is a particularly eventful time in the world of D&O. [read post]
7 Mar 2017, 3:16 am by Dennis Crouch
Daily, An Empirical Analysis of Some Proponents and Opponents of Patent Reform, 2016 Patently-O Patent Law Journal 1. [read post]
3 Sep 2013, 1:38 am by Kevin LaCroix
  How Will the Interrelatedness Issue Continue to Affect D&O Claims? [read post]
26 Apr 2010, 8:45 pm
You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://thinkipstrategy.com/subscribe/   Highlights this week included: Consolidated ACTA text is released – news and analysis (KEI) (Michael Geist) (IPKat) (Public Knowledge) (Public Knowledge) (EFF) (Ars Technica) (Ars Technica) (Ars Technica) Innovationpartners) (IP Watch) (KEI) (Innovationpartners) Copyright Bill introduced in Rajya Sabha (Spicy IP) (Michael Geist) (Ars Technica) US… [read post]
29 Dec 2021, 12:00 pm by Kevin LaCroix
One thing is consistent across all of our analysis – D&O exposure to climate-risk is an issue that insurers worldwide should watch closely. [read post]