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HTMLSecond Circuit Holds that Federal Common Law Prohibits Trading By Insiders of a Cayman Islands Corporation While In Possession of Material Nonpublic Information
Daniel L. Brown, Manuel F. Gomez; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 4, 2014
In Steginsky v. Xcelera Inc. , Nos. 13-1327-cv, 13-1892-cv, 2014 WL 274419 (2d Cir. Jan. 27, 2014), the United States Court of Appeals for the Second Circuit held that even when a company’s securities are unregistered, federal law requires corporate insiders either to disclose material...

 

HTMLLCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases
Dylan I. Ballard, Nadezhda Nikonova; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 5, 2014
On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern District of Illinois dismissed plaintiff Motorola Mobility’s price-fixing...

 

HTMLSecond Circuit Holds Delaware Fiduciary Duty Law Preempted By Federal Interest In Fiscal Stability
Robin A. Achen, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 4, 2014
In Starr International Co. v. Federal Reserve Bank of New York , No. 12-5022-cv, 2014 U.S. App. LEXIS 1770 (2d. Cir. Jan. 29, 2014), the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims against the Federal Reserve Bank of New York (“FRBNY”) for...

 

HTMLDelaware Supreme Court Holds That a Minority Stockholder Has No Common Law Right to a Conflict-Free Board Decision Regarding the Repurchase of Shares
Matthew Ardoin, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on January 30, 2014
In Blaustein v. Lord Baltimore Capital Corp. , No. 272, 2013, 2014 Del. LEXIS 30 (Del. Jan. 21, 2014), the Delaware Supreme Court held that a closely-held corporation’s directors owe no fiduciary duty to decide, free from conflicts of interest, whether a corporation will repurchase a minority...

 

HTMLChanges To California Title 24 Energy Use Requirements Effective July 1, 2014
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 5, 2014
On July 1, 2014, 2013 CALGreen, Part 11, Title 24, of the California Code of Regulations will go into effect. As a result, certain nonresidential additions and alterations will trigger compliance with more stringent energy-saving measures for plumbing, electrical, lighting and heating, ventilation...

 

HTMLSecond Circuit Affirms Dismissal of Short-Swing Profit Claim Against Goldman Sachs Arising from Six-Month Call Options
Rena Andoh, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 7, 2014, previously published on February 4, 2014
In Roth v. The Goldman Sachs Group, Inc. , No. 12-2509-cv, 2014 WL 305094 (2d Cir. Jan. 29, 2014), the United States Court of Appeals for the Second Circuit held that the short-swing profits rule imposed by Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), requiring...

 

HTMLNLRB Abandons Fight Over Mandatory Workplace Poster Rule
Christopher J. Collins, Ryan Duffy; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 22, 2014
For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”). Those efforts met with stiff opposition from employers, and now appear to...

 

HTMLReminder to Perform Annual ISO/ESPP Reporting in January 2014
Gregory C. Schick; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 23, 2014
As discussed in our December 16, 2010 blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the “Code”) that require Employers to annually furnish each employee who exercised incentive stock options (“ISOs”) or sold or...

 

HTMLMum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 24, 2014
In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world. Late last month, the New York Court Appeals issued its opinion in the case of William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Rabizadeh,...

 

HTMLU.S. Corporations Are Subject to General Personal Jurisdiction in U.S. States Only in States Where They Are “At Home”
Matthew Ardoin, John P. Stigi; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 28, 2014
In Daimler AG v. Bauman, No. 11-965, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014) (Ginsburg, J.), the Supreme Court of the United States held that a court may not exercise general personal jurisdiction over a non-U.S. corporation unless that corporation’s contacts with the forum state are so...

 


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