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23 Jul 2017, 6:19 pm by Brian Shiffrin
If the supporting affidavit had appeared perjurious on its face, the court would have conducted an in camera hearing to determine if the affidavit contained perjury and if it did, would have given the People the choice of turning over the affidavit for a hearing or discontinuing the prosecution (see, Franks v Delaware, 438 US 154; People v Alfinito, 16 NY2d 181). [read post]
22 Jan 2010, 10:32 am by Susan Brenner
As I explained in an earlier post, in Franks v. [read post]
23 Jan 2020, 10:54 pm by Doug Cornelius
ColosimoThe CLS Blue Sky Blog Channel Medsystems, Inc. v. [read post]
14 Dec 2011, 5:00 am by J Robert Brown Jr.
" The court also stated that the plaintiffs' contention that the Beazer's shareholders' "independent business judgment" rebuts (or indeed even serves as evidence to rebut) the presumption that the directors were entitled to business judgment protection had no support under Delaware law or the Dodd Frank Act, noting that the Dodd-Frank Act specifically provides that the shareholder vote is advisory only (i.e., nonbinding) and in no way alters a… [read post]
2 Sep 2022, 6:30 am
Securities and Exchange Commission, on Friday, August 26, 2022 Tags: Dodd-Frank Act, Executive Compensation, Incentives, Pay for performance, Performance measures, SEC, SEC rulemaking, Securities regulation Statement by Chair Gensler on Final Rule Regarding Pay Versus Performance Posted by Gary Gensler, U.S. [read post]
15 Sep 2017, 6:10 am
Posted by William Magnuson, Texas A&M Law School, on Wednesday, September 13, 2017 Tags: Algorithmic trading, Banks, Bitcoin, Crowdfunding, Dodd-Frank Act, Financial crisis, Financial institutions, Financial regulation, Financial reporting, Financial technology, Innovation, International governance, Market efficiency, Moral hazard, SIFIs, Systemic risk OCC Stakes Out a Lead Role in Establishing New… [read post]
20 May 2016, 6:45 am
McLaughlin and Yafit Cohn, Simpson Thacher & Bartlett LLP, on Friday, May 13, 2016 Tags: Acquisition agreements, Contracts, Corporate fraud, Delaware cases, Delaware law, Due diligence, Fair values,Fairness review, Liability standards, Merger litigation, Mergers & acquisitions, Reliance Genuine Parts Co. v. [read post]
26 Apr 2019, 5:55 am
Lozinski Posted by Gail Weinstein, Steven Epstein, and Warren S. de Wied, Fried, Frank, Harris, Shriver & Jacobson LLP, on Thursday, April 25, 2019 Tags: Acquisition agreements, Compliance and disclosure interpretation, Controlling shareholders, Delaware cases, Delaware law, Disclosure, Merger litigation, Mergers & acquisitions, MFW, Supreme Court [read post]