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Last month, we discussed the fact that the Delaware Chancery Court ordered Dole Food Co. Inc. CEO David Murdock and COO and General Counsel C. Michael Carter to pay Dole shareholders $148 million for fraud in connection with the company's 2013 take-private deal. The Aug. 27 decision is one of the largest awards ever to shareholders in a deal-related lawsuit. We conclude this discussion herein.
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The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.
Although dramatic changes in law's economic landscape have conferred far greater bargaining leverage and purchasing power on clients, in budget discussions with outside law firms, many in-house counsel just aren't asking the right questions.
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Product liability insurance is one of the few coverages that is written on either an occurrence or claims-made basis, depending on the extent of the insured's risk and financial ability to pay the premium. This article explores some of the 'insurance issues arising out of M&A transactions.
On Sept. 9, the DOJ issued "the Yates Memorandum," detailing how officials expect prosecutors to hold individuals accountable for criminal wrongdoing. The memo may have result in a potential reduction in the number of corporate settlements when there is no clear evidence of criminal conduct.
A recent opinion by the Delaware Supreme Court emphasizes the need for boards of directors to be aware of close interpersonal relationships between their directors and any party with a financial stake in a contemplated transaction.
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Arbitration provider JAMS is staying neutral, sort of, on an entertainment litigator's claim that it favors big studios in arbitrations and mediations. The claim, made by Bird Marella partner Ronald Nessim in a law review this summer, is essentially that JAMS has a lock on studio business, with the overwhelming majority of studio contracts reviewed by Nessim naming JAMS as the dispute resolution provider.
Employers have frequently questioned the adequacy of the EEOC's pre-suit investigations. To their consternation, in September 2015, the Second Circuit held that courts do not have authority to review the extent or sufficiency of the EEOC's investigation of charges.
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This three-part series examines the highly complex dispute resolution issues that companies face when engaging in cross-border transactions. This second installment explores the information-gathering phase during the litigation process.
Baby Boomers often complain that Millennials don't want to fit into the system, aren't dedicated to the organization, and "all expect a trophy." Millennials often see Baby Boomers as wedded to systems and processes that work for Baby Boomers but are stifling to Millennials. Here's how to get along.