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1
Proposed FDII Regulations Under Section 250
On March 4, 2019, the Internal Revenue Service (the "IRS") and the Department of the Treasury (the "Treasury") released proposed regulations (the "Proposed Regulations")
United States
7 May 2019
2
The Importance Of Documenting Corporate Actions: Delaware Supreme Court Requires Production Of Emails In Books-And-Records Request
The Delaware Supreme Court held yesterday that a corporation can be required to produce emails and other electronic documents where necessary to satisfy a shareholder's legitimate request
United States
5 Feb 2019
3
Proposed Anti-Hybrid Regulations Under Sections 267A, 245A, And 1503(d)
On December 20, 2018, the Internal Revenue Service (the "IRS") and the Department of the Treasury (the "Treasury") ...
United States
30 Jan 2019
4
The Proposed BEAT Regulations
On December 13, 2018, the Internal Revenue Service and the Department of the Treasury released proposed regulations with respect to the "base erosion and anti-abuse tax" under section 59A of the Internal Revenue Code.
United States
7 Jan 2019
5
New 20% Rule Offers Greater Clarity And Flexibility For Nasdaq-Listed Companies
On September 26, 2018, the Securities and Exchange Commission approved The Nasdaq Stock Market LLC's proposal to modify the so-called "20% Rule" contained in Nasdaq Listing Rule 5635(d).
United States
12 Oct 2018
6
Dutch Court Approves Collective Settlement Of Fortis Shareholders' Claims
The Amsterdam Court of Appeal has approved a €1.3 billion collective settlement of claims asserted on behalf of shareholders of the former Fortis (now Ageas
European Union
19 Jul 2018
7
Nasdaq Proposes Modifications To 20% Shareholder Approval Rule
Nasdaq reasoned that "book value is not an appropriate measure of whether a transaction is dilutive or should otherwise require shareholder approval."
United States
27 Feb 2018
8
Delaware Supreme Court Confirms Preclusive Effect Of Dismissal Of Derivative Actions Based On Lack Of Demand Futility
The Delaware Supreme Court held yesterday that the dismissal of a shareholder derivative action for lack of demand futility can preclude other derivative actions as long as the plaintiff in the dismissed case adequately represented the corporation's interests.
United States
29 Jan 2018
9
House Of Representatives Passes The Tax Cuts And Jobs Act (H.R. 1); Senate Finance Committee Approves Modified Version; Comparison Of The Bill Passed By The House And The Modified Senate Bill
Yesterday afternoon, the House of Representatives passed the Tax Cuts and Jobs Act (H.R. 1). The House bill is identical to the draft bill approved by the House Ways and Means Committee on November 10.
United States
21 Nov 2017
10
Delaware Chancellor Urges Revision Of Preclusion Principles In Derivative Actions
The Chancellor of Delaware's Court of Chancery yesterday urged the Delaware Supreme Court to revise Delaware law on preclusion in shareholder derivative actions.
United States
31 Jul 2017
11
Dutch Court Denies Approval Of Collective Settlement Unless Changes Are Made As To Allocation Of Compensation And Fees
The Amsterdam Court of Appeal denied approval of the €1.204 billion collective settlement of former Fortis (now Ageas) shareholders' claims unless the parties agree to restructure the allocation of the settlement amount ...
Worldwide
26 Jun 2017
12
IRS Issues Guidance On "North-South" Transactions
The Ruling, under the facts set forth under Situation 1, spells out the paradigmatic case of a "north-south" transaction.
United States
17 May 2017
13
Shareholders Denied Suit Against Home Depot Over Data Breach
Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot.
United States
19 Dec 2016
14
Home Depot Data Breach Derivative Suit Sent Home
Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot.
United States
19 Dec 2016
15
Business Judgment Rule Dooms Home Depot Data Breach Shareholder Derivative Suit
Large-scale corporate data breaches have unfortunately become increasingly common events, posing a variety of challenges to the companies that suffer them.
United States
19 Dec 2016
16
The ERISA Litigation Newsletter - November 2016
This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action.
United States
6 Dec 2016
17
E.D. Pennsylvania Limits Protected Activity Under SOX
In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment...
United States
2 Nov 2016
18
Dutch Collective Actions vs. Collective Settlements
As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution.
United States
18 Oct 2016
19
Taming The Bull Rider: Chancery Court Reining In Mootness Fee Awards In Merger Litigation
The lawsuit involved an $890 million merger between PayPal and Xoom in 2015.
United States
15 Sep 2016
20
CA Corps Not Obligated To Make Records Available For Inspection In California
The Court of Appeal affirmed the lower court's denial of appellant's request.
United States
29 Jul 2016
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