Documents by this lawyer on Martindale.com
Supreme Court Holds No Presumption of Prudence for ESOP Fiduciaries
Jay B. Kasner,Matthew J. Matule,Edward B. Micheletti,Amy S. Park,Noelle M. Reed, June 27, 2014
Today, in a unanimous decision, the Supreme Court of the United States held in Fifth Third Bancorp v. Dudenhoeffer that fiduciaries of employee stock ownership plans (ESOPs) that invest in the employer’s securities are not protected by a presumption that they have acted prudently in making...
Fee-Shifting Bylaws: The Delaware Supreme Court Decision in ATP Tour, Its Aftermath and the Potential Delaware Legislative Response The Decision
Peter Allan Atkins,Allison L. Land,Edward B. Micheletti,Edward P. Welch, May 29, 2014
On May 8, 2014, the Delaware Supreme Court issued an opinion in ATP Tour, Inc. v. Deutscher Tennis Bund (German Tennis Federation), No. 534, 2013 (Del. May 8, 2014), holding that fee-shifting provisions in a Delaware non-stock corporation’s bylaws are not per se invalid. The bylaw at issue...