John Jenkins

MAY 20, 2022

4/22), a California appellate court upheld a federal forum provision in a company’s certificate of incorporation that required Securities Act claims to be filed in federal court. Restoration Robotics, (Cal.

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ThomsonReuters

JUNE 24, 2021

An appellate court has affirmed an order reinstating retiree medical insurance for several police officers who retired from their positions with a county police department but were later rehired by different county agencies. River City Fraternal Order of Police Lodge 614, Inc. Retirement Sys., 2021 WL 2328082 (6th Cir. Available at [link].

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ThomsonReuters

SEPTEMBER 30, 2021

The appellate court affirmed the denial of coverage for the participants who chose out-of-network care despite having access to nearby in-network lactation specialists. The post Appellate Court Affirms Denial of Coverage for Out-of-Network Lactation Services appeared first on Tax & Accounting Blog Posts by Thomson Reuters.

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Law 360 M&A

APRIL 1, 2024

Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

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ThomsonReuters

FEBRUARY 17, 2022

The post Appellate Court Reinstates Class Action Lawsuit for Plan’s Denial of Speech Therapy for Autism Spectrum Disorder appeared first on Tax & Accounting Blog Posts by Thomson Reuters. Contributing Editors: EBIA Staff.

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Law 360 M&A

MARCH 25, 2024

An Illinois appellate panel reversed a Cook County judge Friday and revived a derivative lawsuit demanding that TreeHouse Foods sue three individual executives the shareholders claim materially misled them by falsely stating that two newly acquired companies were being successfully integrated into the food company's operations.

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ThomsonReuters

APRIL 20, 2023

The post Potential for Increased Participant Litigation Looms After Appellate Court Decision on Excess Recordkeeping and Investment Fee Claims appeared first on Tax & Accounting Blog Posts by Thomson Reuters. See also EBIA’s ERISA Compliance manual at Section XXVIII.I.8 8 (“Litigating a Breach of Fiduciary Duty Claim”).

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ThomsonReuters

SEPTEMBER 1, 2022

The post Appellate Court Blocks HHS From Enforcing Certain Section 1557 Nondiscrimination Provisions Against Group of Faith-Based Providers appeared first on Tax & Accounting Blog Posts by Thomson Reuters. 1 (“Interaction of Title VII and Section 1557”), and EBIA’s Self-Insured Health Plans manual at Section XIII.D.5

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Law 360 M&A

APRIL 15, 2024

A Seventh Circuit panel said Monday that a Chicago federal judge improperly barred a class action objector from intervening in a suit involving controversial "mootness fees" the appellate court has long criticized, saying he failed to articulate a valid legal reason for doing so.

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Farrel Fritz

MARCH 28, 2022

The defendants appealed from portions of the judgment including what their appellate brief called “the punitive disenfranchisement of the Chou Family Defendants” exceeding the court’s remedial powers under BCL § 619 to confirm or to order a new board election. Miami Beach v McGraw-Hill Cos., 120 AD3d 1052 , 1055; see World Ambulette Transp.,

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Law 360 M&A

DECEMBER 18, 2023

appellate court vacating an order that had forced Illumina to unwind the $8 billion deal, amid opposition on both sides of the Atlantic to the tie-up. Biotech company Illumina said it will divest cancer testing firm Grail despite a U.S.

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Appraisal Rights

MARCH 14, 2018

In late February 2018, the Delaware Supreme Court handed down a decision in Appel v. In Appel the plaintiff alleged that, pre-merger, Diamond failed to disclose to shareholders the concerns of the board chairman (and founder of the company), who was also abstaining on the merger itself–what the Supreme Court described as “no common thing.”.

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ThomsonReuters

JUNE 15, 2023

June 13, 2023)) A federal appellate court has paused a portion of the trial court’s ruling in Braidwood v. The government appealed and asked the appellate court to “stay” (i.e., Braidwood v. Becerra, 2023 WL 2703229 (N.D. 2023) (Docket: Unpublished Order (5th Cir. put on hold) the trial court’s ruling during the appeal.

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Law 360 M&A

JANUARY 16, 2024

A California appellate panel agreed Tuesday that an arbitrator was within his authority to find that Blank Rome LLP doesn't owe former Dickstein Shapiro LLP partners $4 million in a dispute over the characterization of the firms' tie-up.

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ThomsonReuters

JANUARY 27, 2022

According to the Court, the appellate court erred in relying on the participants’ ultimate choice over their investments to excuse the fiduciaries’ allegedly imprudent decisions. Northwestern Univ., 2022 WL 199351 (U.S. Available at [link].

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Law 360 M&A

JANUARY 4, 2024

Counsel for former Dickstein Shapiro LLP partners who claim Blank Rome LLP owes them $4 million because the firms' merger was mischaracterized as an asset sale urged a California appellate panel on Thursday to vacate a ruling affirming an arbitrator's decision in favor of Blank Rome, saying the arbitrator followed the wrong procedures.

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Law 360 M&A

JANUARY 1, 2024

The year ahead could spell changes for corporate deal-makers and shareholders of Delaware corporations, based on several cases winding through the state's Court of Chancery and appellate state Supreme Court in 2024.

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Law 360 M&A

FEBRUARY 13, 2023

Circuit to follow its established practice of vacating lower court rulings and remanding for further proceedings when someone other than the appellant moots an appeal, which they contend is the case in a challenge to Kroger and Albertsons' planned merger. Attorneys general from the District of Columbia.,

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Law 360 M&A

JANUARY 9, 2024

Justice Department and Federal Trade Commission recently rolled out guidelines they hope will cement far more aggressive merger enforcement, they did so armed with brand new appellate precedent that for the first time backs arguments against vertical mergers that have otherwise struggled to gain purchase in federal courtrooms.

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Law 360 M&A

JULY 8, 2022

The first six months of 2022 saw policyholders notch a pair of huge-money wins in cyber coverage disputes, directors and officers insurers do uncharacteristically well in corporate-friendly Delaware and the Ninth Circuit join other appellate courts in finding coverage for social engineering wire fraud.

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Harvard Corporate Governance

JUNE 29, 2022

That appellate review, however, is limited as findings of fact can only be overturned if they are supported by “substantial evidence” [4] and the Commission’s interpretation of the securities laws may also be entitled to Chevron deference. [5]. The SEC pursued this action through its administrative adjudication process. [3]

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Law 360 M&A

APRIL 27, 2022

President Joe Biden tapped two women with experience as public defenders to serve on federal appellate courts Wednesday, nominating a U.S. District Court judge from Connecticut to the Second Circuit and the public defender of Rhode Island to a vacancy on the First Circuit, according to a White House announcement.

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Chris Mercer

OCTOBER 25, 2022

This is perhaps the leading appellate level case in New York discussing the judicial interpretation of statutory fair value in that state. We searched for all statutory fair value cases in New York since 1985 and found 31 cases at the appellate and trial levels. Asset Holding Entities: Trial and Appellate Levels.

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Law 360 M&A

JULY 7, 2023

A Massachusetts appellate court on Friday upheld a jury's award of more than $350,000 in damages to Sugarman & Sugarman PC for work by its attorneys and paralegals during an ultimately failed merger with a smaller workers' compensation practice.

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Farrel Fritz

DECEMBER 19, 2022

The trial court’s decision, in the wake of an interim appellate ruling that narrowed the issues, upheld William’s removal of Barbara as co-manager of the LLC that owns the artwork consisting of four impressionist paintings including the one pictured above titled Le Quintette by Raoul Dufy (1877-1953). The Appellate Division Narrow the Issues.

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Trout CPA

NOVEMBER 4, 2022

The Pennsylvania Commonwealth Court (one of Pennsylvania’s appellate-level courts) has unanimously ruled that the Pennsylvania Department of Revenue could not assert nexus against out-of-state online businesses that sell merchandise through Amazon’s Fulfillment by Amazon (FBA) program. Online Merchants Guild v. 2021, September 9, 2022).

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Harvard Corporate Governance

MAY 17, 2022

In the first appellate decision issued outside of Delaware, the California Court of Appeal enforced a forum selection clause in a corporate charter requiring that all Securities Act claims be brought in federal court. This post is based on a Latham memorandum by Mr. Rawlinson, Ms. Sherry, Mr. Rosellini, and Daniel Gherardi. Key Points.

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Law 360 M&A

JUNE 21, 2023

Securities and Exchange Commission's rollback of its own 2020 proxy advisory rule was illegal in an opening appellate brief filed with the Sixth Circuit, arguing that "that type of agency flip-flopping is not and should not be permissible." Chamber of Commerce held strong on its stance that the U.S.

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Law 360 M&A

JUNE 27, 2022

and the Mall of America over the assignment of a store lease, taking up the question of whether appellate courts have jurisdiction to hear appeals of bankruptcy sale orders. Supreme Court granted a writ of certiorari Monday in a long-running dispute between the successor to retail giant Sears Holding Corp.

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Law 360 M&A

JULY 18, 2022

Supreme Court's upcoming review of a lease dispute between Sears Holdings and the Mall of America, because the case has the potential to make Section 363 sales and leases more vulnerable to unraveling by appellate courts, say Thomas Loeb and Drew Parobek at Vorys.

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Benzinga

JANUARY 25, 2024

These lines also beautifully complement our current collection of premium wines from California appellations, including sub-AVAs in Napa, Sonoma, Monterey, San Luis Obispo, and Santa Barbara counties," said Scott Smith, President and CEO, Plata Wine Partners. "It's It's an exciting time of growth and new opportunities."

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Law 360 M&A

FEBRUARY 28, 2023

When Wells Fargo sold its stock in a subsidiary that owned an insurance company, the insurance company continued to exist and should be able to enforce its employees' noncompete agreements, an attorney for the insurer told a Pennsylvania appellate court Tuesday.

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Harvard Corporate Governance

AUGUST 16, 2022

In a novel paper, Appel (2019) first deployed the enactment of UD laws as a plausibly exogenous source of variation in the use of entrenchment provisions commonly opposed by shareholders.

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Appraisal Rights

MARCH 27, 2020

Per JDSupra , the Yukon Court of Appeal overturned a decision applying a discounted cash flow analysis to a Canadian appraisal proceeding, holding that the trial court failed to give proper consideration of merger price.

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Law 360 M&A

FEBRUARY 13, 2023

Columbia Casualty provides long-awaited appellate guidance on the inadequate consideration provision in directors and officers insurance — and the Fourth Circuit may provide more in its forthcoming ruling in Towers Watson v. The Seventh Circuit's recent decision in Komatsu Mining v.

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Auto Dealer Valuation Insights

MAY 12, 2022

A recent Appellate Court decision was released from a case (Thomas A. Carlock, Jr. that we were directly involved in back in 2019. The case centered around a shareholder oppression issue involving a minority owner of an “ultra-high-line” auto dealership. Mercer Capital was hired by the Defendant to serve as the expert witness.

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Business Wire M&A

MAY 10, 2023

Ils ont décidé que Serene Investment Management LLC devait, en premier lieu, faire appel à des leaders technologiques expérimentés pour stimuler une nouvelle phase d

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