agencies u-s-supreme-court 
Farrel Fritz
JANUARY 9, 2023
From time to time, we write about matrimonial disputes that spill over into the commercial courts, and vice versa. It’s not common at all, though, to see business dissolution proceedings play out in matrimonial court, which is why a recent decision from Manhattan Supreme Court Justice Kathleen Waterman-Marshall is so fascinating.
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]
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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.
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.
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.
Reynolds Holding
MARCH 6, 2024
Our agency, though, was set up to be merit neutral. 2] We did so in 1980 when the agency adopted Management’s Discussion and Analysis (MD&A) sections in Form 10-K. [3] Consistent with this agency’s disclosure rules over the decades, today’s final rules are grounded in materiality. As the release notes, many U.S.
Reynolds Holding
MARCH 24, 2024
Supreme Court Justice Louis Brandeis said in 1913, “Sunlight is said to be the best of disinfectants.” [7] The Supreme Court articulated the meaning of materiality in cases in the 1970s and 1980s. [9] 13] We did so in 1980 when the agency adopted Management’s Discussion and Analysis sections in Form 10-K. [14]
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