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HTMLDon’t Leave It Out of Your Earn-Out - Delaware Court of Chancery Addresses Implied Covenant of Good Faith and Fair Dealing in the Context Contingent Purchase Price Provisions
Jennifer Brady, Kenneth A. Gerasimovich; Greenberg Traurig, LLP;
Legal Alert/Article
July 15, 2014, previously published on June 26, 2014
When negotiations over the purchase price in a business acquisition hit an impasse, an earn-out may be a useful device to bridge the gap between the buyer and seller. Under an earn-out provision, a portion of the purchase price is paid post-closing based on the future performance of the acquired...

 

HTMLCalifornia Court Broadly Defines What Information Can Qualify as a Trade Secret
Koray Bulut, Kurt A. Kappes; Greenberg Traurig, LLP;
Legal Alert/Article
July 14, 2014, previously published on June 26, 2014
A California appeals court recently explored some of the outer contours of trade secret law, and held that designs and ideas are protectable as trade secrets. In doing so, it affirmed a $5 million judgment awarded to a small Silicon Valley technology company. See Altavion, Inc. v. Konica Minolta...

 

HTMLA View from Amsterdam: Dutch Supreme Court Says Redeemable Preference Shares Covered by the Dutch Participation Exemption
Job Leusink, Thomas van der Vliet; Greenberg Traurig, LLP;
Legal Alert/Article
July 14, 2014, previously published on June 26, 2014
The Dutch Supreme Court recently concluded that Australian Redeemable Preference Shares (RPS) should be regarded as equity for the purposes of the Dutch participation exemption.

 

HTMLDelaware Supreme Court: Controller Buyout Mergers can now be Reviewed under Business Judgment Rule
Clifford E. Neimeth; Greenberg Traurig, LLP;
Legal Alert/Article
July 14, 2014, previously published on June 26, 2014
In a significant case of first impression, the Delaware Supreme Court, in Kahn v. M&F Worldwide Corp. (M&F Worldwide), No. 334, 2013 (Del. Mar. 14, 2014), unanimously affirmed that a controller’s buyout of its subsidiary in a negotiated merger is entitled to judicial review under the...

 

HTMLNew EU Ecolabel Criteria for Bed Mattresses
Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
July 11, 2014, previously published on July 9, 2014
On June 23, 2014, the European Commission adopted a decision establishing new ecological criteria for awarding the EU Ecolabel certification for bed mattresses (Decision).

 

HTMLU.S. Court of Appeals Decision Sets Parameters on Attorney-Client Privilege in Relation to Government Contracting
John D. Altenburg, Philip H. Cohen; Greenberg Traurig, LLP;
Legal Alert/Article
July 11, 2014, previously published on July 9, 2014
The United States Court of Appeals for the District of Columbia Circuit vacated a District Court decision that placed at risk sensitive, attorney-client privileged communications related to internal investigations concerning the work of government contractors. On June 27th, in In re Kellogg Brown...

 

HTMLCFPB Enters Consent Order with National Bank Regarding Alleged Mortgage Servicing Misconduct
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
July 8, 2014, previously published on June 25, 2014
On June 17th, the CFPB, along with Department of Justice (DOJ), Department of Housing and Urban Development (HUD), and attorneys general in 49 states and the District of Columbia, filed a proposed consent order in federal court that would resolve allegations of mortgage servicing misconduct at a...

 

HTMLNew Jersey Redefines Permissible Types of Pay-to-Play Skill Contests
Ed Chansky, Erica Okerberg; Greenberg Traurig, LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
New Jersey recently amended its law on skill contests. The new law defines the types of skill contests where a payment can be required to enter. This change could affect operators of video game tournaments, fantasy sports leagues, or other competitions historically viewed as skill-based (and...

 

HTMLMassachusetts Supreme Judicial Court Allows Ballot Question on Gaming Repeal to Proceed
H. Hamilton Hackney, Laura McAllister Cox, Christopher H. Milton, Martha A. Sabol, Jamey L. Tesler; Greenberg Traurig, LLP;
Legal Alert/Article
July 8, 2014, previously published on June 24, 2014
In a widely anticipated ruling, the Supreme Judicial Court of Massachusetts (SJC), the State’s highest court, issued a unanimous decision on June 24, 2014 requiring the Attorney General to certify for the November ballot a petition seeking to prohibit casino and slots gambling and abolish...

 

HTMLSupreme Court Modifies Class Certification Procedure in Securities Fraud Class Actions
Pamela G. Smith; Greenberg Traurig, LLP;
Legal Alert/Article
July 8, 2014, previously published on June 25, 2014
On June 23, 2014, the Supreme Court issued its second decision in the long-running securities fraud class action against Halliburton (Halliburton II). In the parties’ second appearance before the Court, Halliburton sought the reversal of the “fraud on the market” rebuttable...

 


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