On May 16, 2024, the Court of Appeals issued a decision in Mulacek v. ExxonMobil Corp., 2024 NY Slip Op. 02724, holding that a no action clause barred a claim against an issuer, explaining:
Plaintiffs were shareholders of InterOil
Ohio Federal Court Holds White Litigant Lacked Standing to Challenge Contest Providing Funding for Black-Owned Businesses
A federal District Court in Ohio recently ruled that a white litigant did not have standing to assert a discrimination claim against a contest that had provided grants to Black-owned businesses. The decision in Roberts v. Progressive Preferred Insurance Co.
Ten Things: How to Create a Strategic Plan for the Legal Department
Running an in-house legal department is not an easy job, regardless of whether you are a legal department of one or a legal department of 200. To start, there is never enough money, people, or time to get everything done.
Happenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting
Over a beautiful, sunny weekend earlier this month (May 17-19), commercial litigators and judges from all over the State converged on Saratoga Springs and the beautiful Gideon Putnam Hotel, for the Commercial and Federal Litigation Section Spring 2024 Meeting. In
Federal Preemption of Legal Malpractice Claims
In many ways legal malpractice and medical malpractice are first cousins. In other ways, attorneys get a far more beneficial set of rules in how they are treated by their fellow attorneys in legal malpractice claim settings.
One example is
New Florida Law Creates House Bill 3 Complaint, OFR Investigation Process, and Expands Applicability to Additional Financial Institutions
On May 2, 2024, Florida Gov. Ron DeSantis held a press conference where he signed Florida House Bill 989 (HB 989 or the Bill) into law. HB 989 amends section 655.0323, Florida Statutes, titled “Unsafe and unsound practices,” which was
BIPA Amended to Limit Damages
Petition Summary: Large Top Mount Combination Refrigerator-Freezers from Thailand
On May 30, 2024, Electrolux Consumer Products, Inc. (“Electrolux”) (“Petitioners”), filed a petition for the imposition of antidumping duties on imports from the Kingdom of Thailand (“Thailand”). Electrolux alleges that producers and exporters from Thailand are selling merchandise at less-than-fair-value.
SEC and FinCEN Propose Customer Identification Program Requirements for Certain Investment Advisers
On May 13, 2024, the US Securities and Exchange Commission (“SEC”) and the US Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a joint notice of proposed rulemaking (the “CIP Proposal”) that would apply customer identification program obligations
McRitchie v. Zuckerberg: Fiduciary Duties are Firm-Specific
In a recent case involving Meta (née Facebook), the Delaware Court of Chancery issued an important opinion that speaks to the fundamental nature of corporate governance. Nearly everyone knows that corporate directors owe fiduciary duties to “the corporation and its