Reynolds Holding

JANUARY 9, 2024

Supreme Court has ruled these clauses are valid. [1] The problem is worsened by the fact that consumers cannot understand arbitration clauses and so surrender their rights to litigate in court without realizing that they are doing so. As the Supreme Court has noted, “[a]rbitration under the [FAA] is a matter of consent.” [7]

93

93

Farrel Fritz

FEBRUARY 13, 2023

Nine months ago, we wrote about a 20% shareholder, Alvin Clayton Fernandes, whose bare bones petition Manhattan Supreme Court Justice Frank P. Nervo found stated sufficient grounds to judicially dissolve a seemingly successful modeling agency, Matrix Model Staffing, Inc. Fernandes sued in November 2021.

Appraisal 52

Appraisal 52

Reynolds Holding

OCTOBER 12, 2022

Fortunately, Delaware courts appear to be modifying the Caremark standard to impose duties to detect and obtain information about certain material risks. Courts should not require directors to become informed about every instance of misconduct. If Delaware continues on this track, compliance and deterrence will benefit. Caremark 2.0.

Compliance 72

Compliance Marketability 72

Reynolds Holding

MARCH 28, 2022

District Court in San Francisco denied a motion to dismiss charges filed by the Securities and Exchange Commission under an expansive new theory of insider trading liability. In a matter of first impression, the court ruled in SEC v. The District Court’s Refusal to Dismiss. On January 14, 2022, the U.S. Materiality Element.

Marketability 83

Marketability Banking Data Analysis Dividends 83

Reynolds Holding

APRIL 15, 2024

Two federal district courts recently upheld decisions by the Federal Reserve Bank of Kansas City (FRBKC) and the Federal Reserve Bank of San Francisco (FRBSF) to deny master account applications from Custodia Bank (Custodia) and PayServices Bank (PayServices). The magistrate also held that the FRBSF is not an agency of the U.S.

Banking 45

Banking Finance Technology 45

Reynolds Holding

APRIL 3, 2024

4] Even parties that argue in court that their conduct does not implicate the federal securities laws have themselves used the Howey framework internally for years to evaluate crypto offerings. [5] And most importantly, a decade’s worth of arguments that have been serially rejected in one way or another by court after court. [7]

Start-ups 45

Start-ups Marketability Compliance 45