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6 May 2024, 9:00 pm by Laura Dooley and Rodger Citron
Second, although in theory MDL cases return to their home districts for trial, many MDL cases end, either through global settlement, a dispositive pretrial motion, or other maneuvers around Lexecon Inc. v. [read post]
2 May 2024, 9:01 pm by renholding
Akorn Inc., et al.1 mapped out one means by which a court may evaluate mootness fees paid to individual shareholders after the voluntary dismissal of an action challenging a public company merger. [read post]
26 Mar 2024, 2:38 am by CMS
Following the decision of the House of Lords, in Macmillan Inc v. [read post]
18 Mar 2024, 6:00 am by Sherica Celine
” 9 In assessing economic dependence, both the DOL and the courts have historically applied a multi-factor totality of circumstances test, in which no one factor is dispositive. 10 The factors—which somewhat vary among the circuits—generally include the opportunity for profit and loss, investment, permanency, control, whether the work is an integral part of the hiring party’s business, and skill and initiative. 11 In January 2021, the DOL—for the first… [read post]
3 Mar 2024, 9:01 pm by renholding
On February 20, the Delaware Court of Chancery refused to enjoin the conversion of a Delaware corporation, TripAdvisor, Inc. [read post]
21 Feb 2024, 12:15 am
Last April, I wrote about a lawsuit challenging the redomestications of TripAdvisor, Inc. and  Liberty TripAdvisor Holdings, Inc. [read post]
29 Jan 2024, 4:46 am by Franklin C. McRoberts
The Appellate Division – First Department later affirmed Justice Fried’s Barasch decision, but on other grounds, ruling that the entity was “estopped” from denying the transaction was an “all or substantially all” transaction because it sent a notice of shareholders meeting stating that it was exactly that: a “disposition of substantially all of the assets” of the company (100 AD3d 562 [1st Dept 2012]). [read post]
25 Jan 2024, 2:51 pm by Kevin LaCroix
The article’s authors are Marisa DeMartini, Vice President, Management Claims Liability Manager, Ascot Insurance Company, James Talbert, Associate, Bailey Cavalieri LLC and Elan Kandel, Member, Bailey Cavalieri LLC. [read post]