New York s Highest Court Rejects Liability for Third-Party Professionals Who Allegedly Assist Corporate Officers Alleged Fraud
|
|
- Esther Bryant
- 8 years ago
- Views:
Transcription
1 Alert New York s Highest Court Rejects Liability for Third-Party Professionals Who Allegedly Assist Corporate Officers Alleged Fraud October 27, 2010 In an important decision last week, the New York Court of Appeals reaffirmed limits on the ability of corporations and those who sue on their behalf (such as bankruptcy trustees and derivative plaintiffs) to bring claims against professional advisors, including auditors and law firms, for allegedly assisting or failing to detect wrongdoing by the corporation s own management. The 4-3 opinion reinforced centuries-old doctrines of in pari delicto and imputation in response to questions regarding New York law that were certified by the U.S. Court of Appeals for the Second Circuit and the Delaware Supreme Court. The Court of Appeals rejected approaches by Pennsylvania and New Jersey courts and confirmed that these common-law doctrines remain valid defenses to claims on behalf of a corporation against its outside advisors. Background At issue were application of the in pari delicto doctrine, which often is asserted as a defense when a corporation s outside professionals are sued on behalf of the corporation, and its intersection with the agency principle of imputation. Under the in pari delicto doctrine, courts will not intervene in disputes between two wrongdoers. Under agency principles, acts by corporate officers generally are imputed to their principal the corporation. Pursuant to these theories, neither a corporation nor others acting on its behalf may assert claims based on its officers alleged fraud where that fraud is imputed to the corporation itself, unless certain exceptions apply. Questions concerning this rule and its exceptions were certified to the Court of Appeals of New York from Kirschner v. KPMG LLP, 1 pending before the Second Circuit, and Teachers Retirement Sys. of Louisiana v. PricewaterhouseCoopers LLP, 2 pending before the Delaware Supreme Court, as discussed below. Kirschner v. KPMG, LLP was brought by Refco Inc. s Chapter 11 bankruptcy trustee, Marc Kirschner (the Refco Trustee ), against Refco s law firm, investment bankers and accounting firms, among others, alleging that these third parties aided and abetted Refco management s fraud or, alternatively, were negligent in not discovering the allegedly fraudulent conduct. 3 Judge Lynch in the U.S. District Court for the Southern District of New York dismissed the Refco Trustee s claims. Judge Lynch concluded that bankruptcy trustees cannot sue third parties that allegedly conspired with the debtor corporation to defraud creditors (i.e., under the so-called Wagoner rule). Judge Lynch also found F.3d 186 (2d Cir. 2009) A.2d 280 (Del. 2010). 3 Slip Opinion for Kirschner v. KPMG LLP, et al. (No. 151) and Teachers Retirement System of Louisiana v. Pricewaterhouse Coopers LLP (No. 152), at 3-4 (N.Y. Oct. 21, 2010) [hereinafter Kirschner Opinion ].
2 that the narrow exception to the Wagoner rule the adverse interest exception did not apply. Specifically, he held that the exception applies only when the corporate officers act entirely in their own interest and totally abandon the corporation s interests. Judge Lynch rejected the argument that the adverse interest analysis turns on management s subjective intent (i.e., whether management intended to benefit itself instead of the corporation), reasoning that when management commits corporate fraud, it always intends to benefit personally. As such, the exception would never permit imputation of management wrongdoing to the corporation. 4 The Refco Trustee appealed Judge Lynch s decision to the U.S. Court of Appeals for the Second Circuit, which sought guidance from New York s Court of Appeals on questions of interpretation and application of New York common law, including: (1) whether the adverse interest exception is satisfied by showing that the insiders intended to benefit themselves by their misconduct; and (2) whether the exception is available only where the insiders misconduct has harmed the corporation. 5 Teachers Retirement System of Louisiana v. Pricewaterhouse Coopers LLP is a derivative action brought by AIG shareholders ( AIG Shareholders ) in Delaware state court alleging that AIG s independent auditors were negligent in failing to detect fraud perpetrated by AIG s management. The Delaware Chancery Court dismissed the action, concluding that the claims were barred under New York law. Specifically, the court found that the complaint did not allege that the AIG officers had totally abandoned AIG s interests in connection with the purported fraud. As such, the alleged fraud was imputed to the corporation and the AIG Shareholders claims were barred by the in pari delicto doctrine and the Wagoner rule. On appeal, the Delaware Supreme Court sought guidance from New York s Court of Appeals regarding the in pari delicto doctrine and the allegations against AIG s auditors. 6 Court of Appeals Opinion In response to the certified questions from these two actions, the Court of Appeals summarized New York law relating to in pari delicto and traditional agency principles. The Court of Appeals observed that for more than a century, New York courts have recognized that all corporate acts including fraudulent ones are subject to the presumption of imputation. 7 Accordingly, strong public policy considerations underscore this rule, namely, that imputation fosters an incentive for a principal to select honest agents and delegate duties with care. 8 The Court of Appeals also stressed that the adverse interest exception must be construed narrowly because allowing a corporation to avoid the consequences of corporate acts simply because an employee performed them with his personal profit in mind would enable the corporation to disclaim... virtually every act its officers undertake. 9 Therefore, the exception only applies where fraud undertaken by management benefits management at the corporation s expense. That is, the agent must have totally abandoned his principal s interest and be acting entirely for his own or another s purposes, not the corporation s. 10 Where the corporation received any benefit (including short-term benefits) from the alleged fraud, the exception does not apply. 11 The Refco Trustee and the AIG Shareholders (together, Appellants ) advanced three main arguments for a broader adverse interest exception: (1) management s subjective intent in carrying out alleged fraud should be the touchstone of the analysis and any short-term benefits the corporation receives should not prevent 4 Kirschner Opinion at Id. at 9-10 (citation omitted). 6 Kirschner Opinion at Kirschner Opinion at (citation omitted). 8 Id. at Id. at Id. at 19 (internal citations and quotations omitted). 11 Id. ( So long as the corporate wrongdoer s fraudulent conduct enables the business to survive to attract investors and customers and raise funds for corporate purposes this test is not met. ) Schulte Roth & Zabel LLP. All Rights Reserved. 2
3 application of the exception; (2) New York should follow Pennsylvania and New Jersey courts that carve out exceptions that permit shareholders and creditors to recover from third-party professionals; and (3) public policy supports compensating innocent shareholders and imposing liability on negligent third-party professionals. The Court of Appeals rejected each of these arguments, as discussed below. (1) Subjective Intent and Illusory Benefits The Court of Appeals refused to read the Second Circuit s decision in In re CBI Holding Co. v. Ernst & Young 12 to mean that management s intent to benefit itself is the touchstone and a short term, illusory benefit to the company does not defeat the adverse interest exception. 13 Instead, the Court of Appeals read CBI as consistent with prevailing New York law, specifically noting that CBI found that its management had benefited from its alleged fraud through bigger bonuses and continued control over the company, had totally abandoned the corporation s interests, and that the company suffered harm as a result because management s continued plundering of the corporation s assets deprived the corporation of the opportunity to sell equity for value just 10 months before it eventually filed for bankruptcy. The Court of Appeals concluded that adopting Appellants reading of CBI would limit imputation to fraudsters so inept they gain no personal benefit and unexposed frauds, which is another way of saying the adverse interest exception would become a dead letter because it would encompass every corporate fraud prompting litigation. 14 (2) Pennsylvania and New Jersey Precedent on In Pari Delicto and the Adverse Exception The Court of Appeals also rejected approaches to imputation and in pari delicto adopted by Pennsylvania and New Jersey courts, as articulated in Official Comm. Of Unsecured Creditors of Allegheny Health Educ. and Research Fund v. Pricewaterhouse Coopers LLP ( AHERF ) 15 and NCP Litig. Trust v. KPMG LLP ( NCP ), respectively. 16 In AHERF, corporate management allegedly misstated AHERF s finances in information provided to AHERF s outside auditors. Following AHERF s bankruptcy, unsecured creditors sued the auditors on AHERF s behalf claiming, among other things, that the audits should have uncovered the fraudulent scheme and that by issuing clean opinions, the auditors knowingly assisted the officers misconduct. Eventually, the Pennsylvania Supreme Court weighed in on the appropriate test under Pennsylvania law for deciding whether imputation [was] appropriate when the party invoking that doctrine [was] not conceded to be an innocent third party, but an alleged co-conspirator in the agent s fraud. 17 It held that imputation (and therefore the in pari delicto defense) was unavailable where an auditor had not proceeded in material good faith. 18 Similarly, in NCP, a litigation trustee established by Physician Computer Network s ( PCN ) bankruptcy plan brought a negligence action against PCN s auditor for failing to uncover corporate officers fraud in a timely manner. PCN s auditor raised in pari delicto as an affirmative defense. The New Jersey Supreme Court held that when an auditor is negligent within the scope of its engagement, the imputation doctrine does not prevent [innocent] corporate shareholders from seeking to recover. 19 Therefore, the New Jersey rule calls for relative faults of the company/shareholders and auditors to be sorted out by the fact finder as matters of comparative negligence and apportionment F.3d 432 (2d Cir. 2008). 13 Kirschner Opinion at Id. at A.2d 313 (Pa. 2010) N.J. 353 (2006). 17 Kirschner Opinion at 28 (quoting AHERF, 2008 WL , at *4 (3rd Cir. 2008)). 18 Id. (quoting AHERF, 989 A.2d at ) (emphasis added). 19 Kirschner Opinion at 26 (quoting NCP, 187 N.J. at 384.). 20 Id Schulte Roth & Zabel LLP. All Rights Reserved. 3
4 In Kirschner, the New York Court of Appeals recognized that equity considerations compelled the NCP and AHERF decisions since any recovery would benefit innocent shareholders or unsecured creditors, even if those parties were technically standing in the shoes of the principal malefactors, and should not be barred by in pari delicto. The majority rejected these approaches in Kirschner, however, stating that while the New Jersey and Pennsylvania approaches may not completely abolish the adverse interest exception, it is rendered beside the point. 21 (3) Public Policy The Court of Appeals also rejected public policy arguments that broadening application of the adverse interest exception would compensate the innocent and make third-party professionals responsible for their negligence in failing to detect fraudulent conduct. 22 The court noted that Appellants did not argue that imputation should not apply where a completely innocent victim of management s fraud sues corporate management. Nor did they argue that the adverse interest exception should be broadly construed in such cases. As such, their arguments are essentially confined to situations implicating the in pari delicto doctrine. The Court of Appeals was fearful that adopting Appellants position would create a double standard whereby the innocent stakeholders of the corporation s outside professionals are held responsible for the sins of their errant agents while the innocent stakeholders of the corporation itself are not charged with knowledge of their wrongdoing agents. 23 Further, the court reasoned that imposing liability on third-party professionals would provide no additional deterrence to professional malpractice or misconduct, since outside professionals underwriters, law firms, and especially accounting firms already are at risk for large settlements and judgments in the litigation that inevitably follows the collapse of an Enron, or a Worldcom or a Refco or an AIG-type scandal. 24 Dissenting Opinion The Court of Appeals dissenting opinion, delivered by Judge Ciparick on behalf of herself and two concurring judges, disagrees with the majority s willingness, in their view, to: allow dismissal... at this early stage of litigation based on agency principles and public policy, effectively creating a per se rule that fraudulent insider conduct bars any actions against outside professionals by derivative plaintiffs or litigation trustees for complicitous assistance to the corrupt insider or negligent failure to detect the wrongdoing. 25 The dissenters align themselves with the AHERF and NCP decisions 26 discussed above. They criticize the majority s application of simplistic agency principles, and suggest that the majority s decision effectively immunizes auditors and other third-party professionals from liability whenever corporate management engages in fraud. They also stress that important public policy considerations militate against the strict application of these agency principles, 27 noting, for example, investors reliance on information prepared or approved by auditors, accountants, and other gatekeeper professionals. Immunizing such so-called gatekeepers only invites them to neglect their professional duties, they assert. 28 For these reasons, the dissenters argue, New Jersey and Pennsylvania courts carved out exceptions to the imputation and in pari delicto doctrines for negligent or otherwise culpable outside auditors (New Jersey) or collusive third-party professionals (Pennsylvania). 21 Id. at Id. at Id. at Id. at Id. (dissent) at Id. (dissent) at Id. (dissent) at Id. (dissent) at Schulte Roth & Zabel LLP. All Rights Reserved. 4
5 Importance of Kirschner The majority s decision imposes significant limits on the ability of bankruptcy trustees, derivative plaintiffs and others to assert claims on behalf of a corporation against outside professionals for allegations of fraud or misconduct by the corporation s management. The decision stands in contrast to rulings by other states, including Pennsylvania and New Jersey, that make it easier for plaintiffs in such cases to disclaim the misconduct of corporate insiders in suits against outside advisors. Given the importance of New York law, Kirschner is likely to have a significant impact on an area of litigation that has proliferated in recent years. Authored by Richard J. Morvillo, Jeffrey F. Robertson, and Vivi Mazarakis. If you have any questions concerning this Alert, please contact your attorney at Schulte Roth & Zabel or one of the authors. Washington, DC Schulte Roth & Zabel LLP 1152 Fifteenth Street, NW, Suite 850 Washington, DC fax New York Schulte Roth & Zabel LLP 919 Third Avenue New York, NY fax London Schulte Roth & Zabel International LLP Heathcoat House, 20 Savile Row London W1S 3PR +44 (0) (0) fax U.S. Treasury Circular 230 Notice: Any U.S. federal tax advice included in this communication was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal tax penalties. This information has been prepared by Schulte Roth & Zabel LLP ( SRZ ) for general informational purposes only. It does not constitute legal advice, and is presented without any representation or warranty as to its accuracy, completeness or timeliness. Transmission or receipt of this information does not create an attorney-client relationship with SRZ. Electronic mail or other communications with SRZ cannot be guaranteed to be confidential and will not (without SRZ agreement) create an attorney-client relationship with SRZ. Parties seeking advice should consult with legal counsel familiar with their particular circumstances. The contents of these materials may constitute attorney advertising under the regulations of various jurisdictions Schulte Roth & Zabel LLP. All Rights Reserved. 5
Secured Lender Primes Earlier Federal Tax Lien in Fourth Circuit Split Decision
Alert Secured Lender Primes Earlier Federal Tax Lien in Fourth Circuit Split Decision November 19, 2014 The U.S. Court of Appeals for the Fourth Circuit, on Oct. 31, 2014, held in a split decision that
More informationThird Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors
Alert Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors September 21, 2015 An asset purchaser s payments into segregated accounts for the
More informationCASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
CASE 0:05-cv-00809-DWF Document 16 Filed 09/06/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Timothy D. Moratzka, Civil No. 05-809 (DWF) Appellant, v. Senior Cottages of America, LLC,
More informationThe Trustee again appealed to the Seventh Circuit. The Court s Decision
JULY 14, 2015 clearygottlieb.com Seventh Circuit Affirms Dismissal of Bankruptcy Trustee Claims Against Auditor Based on In Pari Delicto Doctrine On July 7, 2015, the United States Court of Appeals for
More informationALERT APRIL 25, 2005
919 Third Avenue, New York, NY 10022 n Tel: (212) 756-2000 n Fax: (212) 593-5955 n www.srz.com n e-mail: wwwmail@srz.com ALERT APRIL 25, 2005 2005 BANKRUPTCY CODE AMENDMENTS: QUICK SUMMARY OF BUSINESS
More informationBANKRUPTCY FOR BANKERS
HOWARD SEIFE TRUSTEE S FRAUD CLAIMS MAY BE BARRED BY IN PARI DELICTO DOCTRINE Generally speaking, the law is clear that a company in bankruptcy cannot sue a third-party for fraud that the debtor itself
More informationCase: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No.
Case: 09-1166 Document: 00319804259 Page: 1 Date Filed: 09/09/2009 PER CURIAM. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 09-1166 LOU MARRA HOGG S, Appellant v. NOT PRECEDENTIAL STATE OF
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 13-20206 Document: 00512651962 Page: 1 Date Filed: 06/04/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 4, 2014 UNITED STATES
More informationSIGNED this 31st day of August, 2010.
SIGNED this 31st day of August, 2010. CRAIG A. GARGOTTA UNITED STATES BANKRUPTCY JUDGE IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION IN RE: ' CASE NO. 09-12799-CAG
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 10-3272. In re: JOHN W. HOWARD, Debtor. ROBERT O. LAMPL, Appellant
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 10-3272 In re: JOHN W. HOWARD, Debtor NOT PRECEDENTIAL ROBERT O. LAMPL, Appellant VANASKIE, Circuit Judge. On Appeal from the United States District
More informationSecurities Litigation
Securities Litigation Alert July 2009 Eleventh Circuit Affirms Bar Order, in Connection with Partial Settlement of Class Action, Extinguishing Non-Settling Former CEO Defendant s Contractual Rights to
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 14-4173 MICHAEL J. MANDELBROT; MANDELBROT LAW FIRM,
Case: 14-4173 Document: 003112102053 Page: 1 Date Filed: 10/15/2015 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 14-4173 MICHAEL J. MANDELBROT; MANDELBROT LAW FIRM, v. Appellants
More informationPayment System Override Deems Transaction Not Ordinary
Payment System Override Deems Transaction Not Ordinary Ames Merchandising Corp. v. Cellmark Paper Inc. (In re Ames Dept. Stores, Inc.), 2011 Bankr. LEXIS 969 (Bankr. S.D.N.Y. Mar. 28, 2011) In Ames Merchandising
More information2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order
More informationIn each of these cases, the courts wrestled with Code provisions that arguably permitted fee shifting.
Alert Update on Bankruptcy Fee Shifting November 10, 2015 Each litigant [in the U.S. legal system] pays [its] own attorney s fees, win or lose, unless a statute or contract provides otherwise. Baker Botts
More informationFinCEN Issues Final Rules Relating to MSB Definitions
Alert FinCEN Issues Final Rules Relating to MSB Definitions October 26, 2011 On July 21, 2011, the U.S. Department of the Treasury s Financial Crimes Enforcement Network ( FinCEN ) issued a final rule
More informationThe Federal Circuit Affirms a Court of Federal Claims Decision Dismissing Foreign Tax Credit Refund Claims as Untimely
Tax Controversy Services IRS Insights In this issue: The Federal Circuit Affirms a Court of Federal Claims Decision Dismissing Foreign Tax Credit Refund Claims as Untimely... 1 The Court of Federal Claims
More informationUnited States Court of Appeals
In the United States Court of Appeals No. 13-1186 For the Seventh Circuit IN RE: JAMES G. HERMAN, Debtor-Appellee. APPEAL OF: JOHN P. MILLER Appeal from the United States District Court for the Northern
More informationClient Alert. When Is Qui Tam False Claims Act Litigation Based Upon Prior Public Disclosure and Who Qualifies as Original Source of Information?
Contact Attorneys Regarding This Matter: Aaron M. Danzig 404.873.8504 direct aaron.danzig@agg.com W. Jerad Rissler 404.873.8780 direct jerad.rissler@agg.com Client Alert When Is Qui Tam False Claims Act
More informationSupreme Court of Florida
Supreme Court of Florida No. SC92695 PEREZ-ABREU, ZAMORA & DE LA FE, P.A. and ENRIQUE ZAMORA, Petitioners, vs. MANUEL E. TARACIDO, MEDICAL CENTERS OF AMERICA, INC., MEDICAL CENTERS OF AMERICA AT SOUTH
More informationBroward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance.
Broward County False Claims Ordinance Sec. 1-276. - Short title; purpose. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. (b) The purpose of the Broward County
More informationCase 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
Case 3:09-cv-01222-MMH-JRK Document 33 Filed 08/10/10 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PHL VARIABLE INSURANCE COMPANY, Plaintiff, vs. Case No. 3:09-cv-1222-J-34JRK
More informationUNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.
FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit WILLIAM MOSHER; LYNN MOSHER, Plaintiffs - Appellants, FOR THE TENTH CIRCUIT November 19, 2014 Elisabeth A. Shumaker Clerk
More informationcauses of actions based on Travelers own tortious conduct and not directly related to the Manville insurance policies.[12]
Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com The Significance Of Travelers V. Bailey Law360,
More informationKEY RULINGS FROM DELAWARE BANKRUPTCY COURT S REJECTION OF WASHINGTON MUTUAL S PLAN OF REORGANIZATION
CLIENT MEMORANDUM KEY RULINGS FROM DELAWARE BANKRUPTCY COURT S REJECTION OF WASHINGTON MUTUAL S PLAN OF REORGANIZATION In a recent 139-page decision (the Decision ) with far-reaching implications for parties
More informationtrial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.
RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall
More informationLawyer Liability for Assisting in Breach of Fiduciary Duty: Privilege or Peril?
Fall 2006 Oregon State Bar Litigation Journal Lawyer Liability for Assisting in Breach of Fiduciary Duty: Privilege or Peril? By Mark J. Fucile Fucile & Reising LLP On September 8, the Oregon Supreme Court
More information2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 08-1412 In re: GEORGE W. COLE, Debtor CITY OF WILKES-BARRE, Appellant v. ROBERT P. SHEILS, Jr., Trustee On Appeal from the United
More informationIN COURT OF APPEALS. DECISION DATED AND FILED July 14, 2015. Appeal No. 2014AP1151 DISTRICT I MICHAEL L. ROBINSON, PLAINTIFF-APPELLANT,
COURT OF APPEALS DECISION DATED AND FILED July 14, 2015 Diane M. Fremgen Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in the
More informationSeventh Circuit Expands the Based Upon Exception to Jurisdiction in False Claims Act Lawsuits
Seventh Circuit Expands the Based Upon Exception to Jurisdiction in False Claims Act Lawsuits Robert R. Stauffer and Sandi J. Toll As the authors explain, a recent appellate court decision should expand
More informationThird Circuit Authorizes Structured Dismissal of Chapter 11 Case
CLIENT MEMORANDUM Third Circuit Authorizes Structured Dismissal of Chapter 11 Case May 27, 2015 AUTHORS Marc Abrams Paul V. Shalhoub Gabriel Brunswick Decision is the first by a Circuit Court to allow
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 10-4345. DOROTHY AVICOLLI, Appellant
NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 10-4345 DOROTHY AVICOLLI, Appellant v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a/k/a GEICO; ANGELO CARTER; CHARLES CARTER On Appeal
More informationNo. 04-3753 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. 427 F.3d 1048; 2005 U.S. App. LEXIS 22999
RONALD WARRUM, in his capacity as Personal Representative of the Estate of JOSEPH F. SAYYAH, Deceased, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee. No. 04-3753 UNITED STATES COURT
More informationUnited States Court of Appeals
United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 10-1362 James Joyce, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Armstrong Teasdale,
More informationSettlement Statute of Frauds ORS 41.580(1) Mutual mistake Indefiniteness
Brown v. Buerger, Adversary No. 14-3104-tmb Buerger v. Brown, Adversary No. 12-3167-tmb Hinchliffe v. Brown, Adversary No. 12-3169-tmb In re Brown, Case No. 12-32313-tmb7 Dist. Ct. Case No. 3:15-cv-00205-BR
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: ) Chapter 7 Liquidation ) marchfirst, INC., et al., ) CASE NO. 01 B 24742 ) (Substantively Consolidated)
More informationPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 13-1940
Appeal: 13-1940 Doc: 60 Filed: 07/10/2014 Pg: 1 of 13 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1940 WILLIAM AUBREY MARSHALL, Plaintiff - Appellant, v. JAMES B. NUTTER & COMPANY,
More informationSSSHHHHH THERE S AN INSURANCE BROKER IN THE ROOM!
ABA Section of Litigation 2012 Insurance Coverage Litigation Committee CLE Seminar, March 1-3, 2012: Hey! Give Me Back That Document! Privilege Issues in Insurance Coverage Disputes SSSHHHHH THERE S AN
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROGER HAUTH, Plaintiff, v. Civil Action No. 00-166-JJF ROBERT P. LOBUE, ESQUIRE, Defendant. Kevin William Gibson, Esquire of Gibson & Perkins,
More informationNOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED DEC 29 2010 AC HOUSTON LUMBER COMPANY EMPLOYEE HEALTH PLAN, v. Plaintiff - Appellee, WILLIAM L. BERG; BERG INJURY LAWYERS,
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 13 2018 PATRICIA BANKS, Plaintiff Appellant, v. CHICAGO BOARD OF EDUCATION and FLORENCE GONZALES, Defendants Appellees. Appeal from the
More informationTitle: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10
Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:
More informationBad Faith: Choice of Law Matters
Bad Faith: Choice of Law Matters Edwards Angell Palmer & Dodge Insurance and Reinsurance Review - September 2010 Marc S. Voses Choice of law issues cannot be overlooked in insurance bad faith litigation,
More information2:12-cv-12284-GCS-MKM Doc # 42 Filed 02/26/13 Pg 1 of 8 Pg ID 687 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
2:12-cv-12284-GCS-MKM Doc # 42 Filed 02/26/13 Pg 1 of 8 Pg ID 687 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARY C. VANDENHEEDE, vs. Plaintiff, FRANK B. VECCHIO, individually
More informationMISSOURI COURT OF APPEALS NORTHERN DISTRICT. David Moore, for Appellant, and Stone C. Defense for Respondent.
MISSOURI COURT OF APPEALS NORTHERN DISTRICT JOHN JONES Defendant-Appellant vs. No. ND-55867 JANE SMITH Plaintiff-Respondent. David Moore, for Appellant, and Stone C. Defense for Respondent. Before O BRIEN,
More informationSEC Receivers v. Bankruptcy Trustees: Liquidation by Instinct or Rule
SEC Receivers v. Bankruptcy Trustees: Liquidation by Instinct or Rule Written by: Marcus F. Salitore Jackson Walker LLP; Dallas, Texas msalitore@jw.com Civil complaints filed by the Division of Enforcement
More information[J-119-2012] [MO: Saylor, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT : : : : : : : : : : : : DISSENTING OPINION
[J-119-2012] [MO Saylor, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT HERD CHIROPRACTIC CLINIC, P.C., v. Appellee STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant No. 35 MAP 2012 Appeal
More information2015 IL App (3d) 140144-U. Order filed September 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140144-U Order filed
More informationConflicts of Interest Issues in Simultaneous Representation of Employers and Employees in Employment Law. Janet Savage 1
Conflicts of Interest Issues in Simultaneous Representation of Employers and Employees in Employment Law Janet Savage 1 Plaintiffs suing their former employers for wrongful discharge or employment discrimination
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Case: 15-10192 Document: 00513409349 Page: 1 Date Filed: 03/07/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, ex rel. DARILYN JOHNSON, v. Plaintiff Appellant,
More informationAlani Golanski, for appellants. Christian H. Gannon, for respondent. A statute requires anyone who brings a lawsuit against
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2008). STATE OF MINNESOTA IN COURT OF APPEALS A08-1108 Kimberly Russell, Appellant, vs. George
More informationLaura Etlinger, for appellants. Ekaterina Schoenefeld, pro se. Michael H. Ansell et al.; Ronald McGuire, amici curiae.
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationIN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA. CASE NO: 4th DCA CASE NO.: 4D04-776
IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO: 4th DCA CASE NO.: 4D04-776 LAW OFFICE OF DAVID J. STERN, P.A. Defendant/Petitioner, v. SECURITY NATIONAL SERVICING CORP., Plaintiff/Respondent.
More informationCharter Exculpatory Provisions Preclude Bankruptcy Trustee from Suing on Breach of Duty of Care. September/October 2005. Ross S.
Charter Exculpatory Provisions Preclude Bankruptcy Trustee from Suing on Breach of Duty of Care September/October 2005 Ross S. Barr Among the powers conferred upon a bankruptcy trustee or chapter 11 debtor-in-possession
More informationSeptember Edition of Notable Cases and Events in E-Discovery
SEPTEMBER 24, 2014 E-DISCOVERY UPDATE September Edition of Notable Cases and Events in E-Discovery This update addresses the following recent developments and court decisions involving e-discovery issues:
More informationThe Truth About CPLR Article 16
The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in
More informationInsurance in Bankruptcy
Fear of Losing D&O Insurance in Bankruptcy Is Overblown B y P a t r i c i a J. V i l l a r e a l a n d D o u g l a s R. C o l e he typical D&O insurance policy covers not only a company s directors and
More informationThe Fate of Anti-Assignment Clauses After Bankruptcy
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com The Fate of Anti-Assignment Clauses After Bankruptcy
More informationIN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE : AL JAZEERA AMERICA, LLC, : : Plaintiff, : : v. : C.A. No. 8823-VCG : AT&T SERVICES, INC., : : Defendant. : : MOTION TO STAY OCTOBER 14, 2013 LETTER OPINION
More informationDiscovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006
Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by
More informationCase 06-03280 Document 35 Filed in TXSB on 11/27/06 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS
Case 06-03280 Document 35 Filed in TXSB on 11/27/06 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE DAVID WIMBERLY, CASE NO. 05-81669-G3-13 Debtor,
More informationInside Counsel: The Attorney-Client Privilege Within Law Firms
November 2007 DRI For the Defense Inside Counsel: The Attorney-Client Privilege Within Law Firms By Mark J. Fucile Fucile & Reising LLP In recent years it has become increasingly common for a designated
More informationCase: 10-2878 Document: 39 Page: 1 06/07/2011 308084 6. August Term, 2010. Docket Nos. 10-2786-cr(L), 10-2878-cr(CON) Appellee,
Case: 10-2878 Document: 39 Page: 1 06/07/2011 308084 6 10-2786 (L) USA v. Wolfson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2010 (Argued: May 24, 2011 Decided: June 7, 2011) UNITED
More information: BANKRUPTCY NO. 09-12649-MDC. Before this Court for consideration is the Standing Chapter 13 Trustee s (the Trustee ) objection
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 ROBERT EDWARD GRAVES AND MARY LOU GRAVES, DEBTORS. : : BANKRUPTCY NO. 09-12649-MDC MEMORANDUM BY: MAGDELINE
More informationWhistleblower Claims: Are You Covered?
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New
More informationROSE KRAIZA : SUPERIOR COURT. v. : JUDICIAL DISTRICT OF : NEW BRITAIN COMMISSIONER OF REVENUE SERVICES STATE OF CONNECTICUT : FEBRUARY 2, 2009
NO. CV 04 4002676 ROSE KRAIZA : SUPERIOR COURT : TAX SESSION v. : JUDICIAL DISTRICT OF : NEW BRITAIN COMMISSIONER OF REVENUE SERVICES STATE OF CONNECTICUT : FEBRUARY 2, 2009 MEMORANDUM OF DECISION ON MOTION
More informationTax Court Addresses Implied Waiver of the Attorney-Client Privilege
Tax Court Addresses Implied Waiver of the Attorney-Client Privilege The Tax Court Holds That Raising Good-Faith and State-of-Mind Defenses to Accuracy-Related Penalties Could Result in an Implied Waiver
More informationCase 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7
Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 COMMODITY FUTURES TRADING COMMISSION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE HONORABLE ROBERT
More informationT.C. Memo. 2015-26 UNITED STATES TAX COURT. RICHARD E. SNYDER AND MARION B. SNYDER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
T.C. Memo. 2015-26 UNITED STATES TAX COURT RICHARD E. SNYDER AND MARION B. SNYDER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent RICHARD E. SNYDER AND MARION SNYDER, Petitioners v. COMMISSIONER
More informationF I L E D September 25, 2013
Case: 13-30248 Document: 00512385644 Page: 1 Date Filed: 09/25/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D September 25, 2013
More informationChallenging EEOC Conciliation Charges
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Challenging EEOC Conciliation Charges Law360, New
More informationDISTRICT OF COLUMBIA COURT OF APPEALS. No. 13-CV-1074. Appeal from the Superior Court of the District of Columbia (CAB-1922-12)
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections
More informationALABAMA COURT OF CIVIL APPEALS
REL: 12/09/2005 STATE FARM v. BROWN Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
More informationFEATURE ARTICLES. Closing Adjustment Provisions in M&A Transactions: Avoiding Common Disputes
Page 3 FEATURE ARTICLES Closing Adjustment Provisions in M&A Transactions: Avoiding Common Disputes By Kevin R. Shannon and Michael K. Reilly 1 In most M&A transactions, there is a delay (sometimes significant)
More informationPeter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices.
SUPREME COURT, APPELLATE DIVISION FIRST JUDICIAL DEPARTMENT Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices. ---------------------------------------x
More informationDefensive Strategies in False Marking Suits After Stauffer and Pequignot
Defensive Strategies in False Marking Suits After Stauffer and Pequignot Contributed by Angie M. Hankins, Stroock & Stroock & Lavan LLP Many companies inadvertently mark their products with expired patents.
More informationArthur J. Siegel, for third-party appellant. Glenn A. Kaminska, for third-party respondents. In this case arising from an automobile accident, the
================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------
More informationCase 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION
Case 2:11-cv-01174-TS-PMW Document 257 Filed 02/03/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION SALT LAKE CITY CORPORATION, a Utah municipal corporation;
More informationDirectors and Officers Liability Insurance in Bankruptcy Settings What Directors and Officers Really Need to Know
Directors and Officers Liability Insurance in Bankruptcy Settings What Directors and Officers Really Need to Know April 30, 2010 By Paul A. Ferrillo While director and officer ( D&O ) liability insurance
More informationIn the Wake of Collapse: Approaches to Ponzi Scheme Litigation
KIRKLAND ALERT February 2009 In the Wake of Collapse: Approaches to Ponzi Scheme Litigation Upon the inevitable collapse of any Ponzi scheme, investors, financial institutions and others even the innocent
More informationProving Damages Suffered in a Fraud Case. Ralph Q. Summerford, CPA, ABV, CFE, CFF, CIRA Forensic Strategic Solutions, PC
Proving Damages Suffered in a Fraud Case Ralph Q. Summerford, CPA, ABV, CFE, CFF, CIRA Forensic Strategic Solutions, PC 1 Legal Principles Proximate Cause Transaction and Loss Causation Foreseeability
More information2014 IL App (1st) 122120-U. No. 1-12-2120 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2014 IL App (1st) 122120-U FIRST DIVISION AUGUST 11, 2014 No. 1-12-2120 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 11-1350. MICHAEL SADEL, Appellant
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 11-1350 MICHAEL SADEL, Appellant v. NOT PRECEDENTIAL BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA; THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA
More informationREVISITING DIRECTOR AND OFFICER INDEMNIFICATION: PROVISIONS IN THE NEW D.C. NONPROFIT ACT
Updated July 2015 REVISITING DIRECTOR AND OFFICER INDEMNIFICATION: PROVISIONS IN THE NEW D.C. NONPROFIT ACT 1. Initial Considerations The District of Columbia has recently modernized its statute dealing
More informationDevelopments Concerning the Applicability of State Medicaid Lien Statutes
Developments Concerning the Applicability of State Medicaid Lien Statutes 2321 N. Loop Drive, Ste 200 Ames, Iowa 50010 www.calt.iastate.edu Updated February 15, 2014 - by Roger A. McEowen Overview Medicaid
More informationFIDUCIARY DUTIES OF THE BOARD UPON THE FINANCIAL DISTRESS OF A COMPANY The dilemma whether to file for bankruptcy
FIDUCIARY DUTIES OF THE BOARD UPON THE FINANCIAL DISTRESS OF A COMPANY The dilemma whether to file for bankruptcy HON. MARTIN GLENN U.S. BANKRUPTCY JUDGE SOUTHERN DISTRICT OF NEW YORK 1 OPERATING WHILE
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS MICHAEL T. DOE and PATSY R. DOE, Plaintiffs-Appellees, UNPUBLISHED November 18, 2008 v No. 278763 Washtenaw Circuit Court JOHN HENKE, MD, and ANN ARBOR LC No. 02-000141-NH
More informationUnited States Court of Appeals For the Eighth Circuit
United States Court of Appeals For the Eighth Circuit No. 14-3109 Sprint Communications Company, L.P. lllllllllllllllllllll Plaintiff - Appellant v. 1 Elizabeth S. Jacobs; Geri D. Huser; Nick Wagner, in
More informationABI Commission Report Recommendations on DIP Financing Would Eliminate Lender Protection
Alert ABI Commission Report Recommendations on DIP Financing Would Eliminate Lender Protection December 30, 2014 The American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (the Commission
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER ORDER DENYING MOTION TO DISQUALIFY DEFENSE COUNSEL
PHARMA SUPPLY, INC., v. Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 14-80374-CIV-COHN/SELTZER MITCHELL A. STEIN and STEIN LAW, P.C., Defendants. / ORDER DENYING MOTION
More informationSTATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF MEDINA ) DECISION AND JOURNAL ENTRY
[Cite as Bank of Am. v. Kuchta, 2012-Ohio-5562.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF MEDINA ) BANK OF AMERICA Appellee C.A. No. 12CA0025-M v. GEORGE M. KUCHTA,
More informationEmployee Relations. Howard S. Lavin and Elizabeth E. DiMichele
VOL. 34, NO. 4 SPRING 2009 Employee Relations L A W J O U R N A L Split Circuits Does Charging Party s Receipt of a Right-to-Sue Letter and Commencement of a Lawsuit Divest the EEOC of its Investigative
More informationErrors and Omissions Insurance. 1.0 Introduction and Definition
Errors and Omissions Insurance 1.0 Introduction and Definition 1.1 Under the terms of this policy the word employee means any trustee of the Board of Education, any employee of the Hicksville Board of
More informationNO. COA12-1543 NORTH CAROLINA COURT OF APPEALS. Filed: 6 August 2013. v. North Carolina Industrial Commission CITY OF CHARLOTTE,
NO. COA12-1543 NORTH CAROLINA COURT OF APPEALS Filed: 6 August 2013 MICHAEL K. TINSLEY, Employee, Plaintiff, v. North Carolina Industrial Commission CITY OF CHARLOTTE, I.C. No. 891273 Employer, Self-Insured,
More informationThe SemCrude Bankruptcy's Many Lessons For Energy Traders
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com The SemCrude Bankruptcy's Many Lessons For Energy
More informationEthical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
More informationClosing Adjustment Provisions in M&A Transactions: Avoiding Common Disputes
Closing Adjustment Provisions in M&A Transactions: Avoiding Common Disputes Summer 2010 Kevin R. Shannon and Michael K. Reilly are partners in the Wilmington, Delaware law firm of Potter Anderson & Corroon
More information