Key Points -
On December 7, 2021, the Delaware Supreme Court unanimously upheld the Court of Chancery’s decision in AB Stable VIII LLC v. MAPS Hotels and Resorts One LLC, finding that certain actions taken by the Seller...more
Key Points
- Between September 2020 and March 2021, at least 35 SPACs have been hit with one or more shareholder lawsuits filed in New York state court.
- These lawsuits generally allege that SPAC directors breached...more
In AB Stable VIII LLC v. Maps Hotels and Resorts One LLC, the Delaware Court of Chancery issued a precedential decision addressing whether a buyer could walk away from an M&A transaction because the target company’s responses...more
In a recent precedential decision, the 2nd Circuit held that funds could delegate beneficial ownership to their investment managers, thereby eliminating the funds’ disgorgement liability under Section 16(b) of the Securities...more
12/4/2020
/ Amicus Briefs ,
Appellate Courts ,
Beneficial Owner ,
Disgorgement ,
General Partnerships ,
Investment Adviser ,
Investment Management ,
Limited Partnerships ,
Section 16 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
- The 2nd Circuit has affirmed two lower court decisions dismissing complaints alleging violations of Section 16(b) of the Securities Exchange Act. In so holding, the 2nd Circuit ruled that an investment advisor’s client does...more
- Universities across the country have shuttered their campuses and moved classes online in reaction to the novel coronavirus outbreak, but may be the targets of class actions from students as a result.
- Public and...more
• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system.
• While numerous courts have ruled that a party...more
9/6/2018
/ Auto-Dialed Calls ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Dish Network ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more
3/21/2018
/ Appeals ,
Arbitrary and Capricious ,
Automated Systems ,
Cell Phones ,
Class Action ,
Consent ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications
• The DOJ has streamlined its process for reviewing CAFA settlement notices.
• The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more
• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more
The CFPB was created by Dodd-Frank legislation in 2010, and, among other things, was tasked with studying and issuing a report on arbitration agreements in the financial products sector (e.g., bank accounts, credit card...more
7/17/2017
/ Arbitration Agreements ,
Banks ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Dodd-Frank ,
Legislative Agendas ,
New Rules ,
Richard Cordray ,
Trump Administration