Briefings

Delaware Court Refused To Enjoin Sotherbys Over Poison Pill Trial

Davis polk lawfuel

May 5, 2014 On May 2, 2014, the Delaware Court of Chancery denied a preliminary injunction motion by activist stockholder Third Point LLC to enjoin Sotheby’s annual meeting based on claims that the board breached its fiduciary duties by adopting a stockholder rights plan that has a 20% trigger for passive investors who file on […]

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Institute IPR or Not? A Question Not Immediately Reviewable by Federal Circuit

Gibsondunn

In a series of three opinions issued on April 24, 2014, the Federal Circuit has decided that decisions by the Director of the U.S. Patent & Trademark Office to institute — or not to institute — an inter partes review (“IPR”) under 35 U.S.C. § 314 are not immediately reviewable by the Federal Circuit, either through an

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Failing Law Firms and The Risk of Hiring Laterals and Minimizing “Jewel” Risks

Concept of bankruptcy

As more law firms fail the risk of hiring laterals has placed the hiring law firms in line for potential legal action by the bankruptcy trustee of the failed firm. Arnold & Porter partners wrote the following for Law360, dealing with issues about minimizing risk in lateral hires. By Lisa Hill Fenning, Pamela Phillips, Jonathan

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CFTC Deadlines Approach for Swap Dealer Margin Segregation Notifications and Buy-Side Responses

Skadden

LawFuel.com – Skadden Arps – Market participants that enter into uncleared swaps should expect to receive notifications from swap dealer (SD) and major swap participant (MSP) counterparties regarding segregation of initial margin for swaps. Dodd-Frank amended Commodity Exchange Act Section 4s(l) to provide SD and MSP counterparties with the right to have any initial margin

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Hostile M&A: Special Compensation Arrangements with Dissident Director Nominees

Hostile takeover

Morrison & Foerster’s “Unsolicited Views” letter By Ted Powers and Jeffery Bell Certain activist shareholders involved in proxy contests have offered special compensation (e.g., a fee for agreeing to be nominated on the activist’s slate or performance-related bonuses after election) to their director nominees. Activists state a desire to compensate nominees who commit time and

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Redefining “Personal Data” by the UK Appeal Court

personal data lawfuel

LawFuel.com – Law Firm News – The U.K. Court of Appeal’s decision in Durant v Financial Services Authority [2003] (‘‘Durant’’) has commonly been seen to have restricted the definition of ‘‘personal data’’ to the benefit of data controllers, leading to criticism from EU data protection authorities (and some commentators) that, as a result, U.K. law does

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Who Actually Owns That DeGeneres “Selfie” Anyway?

Greenberg Glusker associate Dan Nabel practises litigation law and has written about the world’s most famous “selfie” and just who owns it. Dan Nabel is an associate in Greenberg Glusker’s Litigation Group.  Mr. Nabel handles a variety of litigation matters and provides advice in the areas of intellectual property and real estate. – See more

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