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The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another [...]

Overview and Key Practical Takeaways An important but unresolved issue for private equity (PE) and venture capital (VC) in Canada is how fiduciary duties may be transferred from an investee [...]

If Sisyphus were a judge, he'd be assigned the Fuks case. Fuks began on December 26, 1996. Fire up your mental time machine, travel back in time, and picture what [...]

In the world of business divorce litigation, this summer saw everything but a slowdown. We witnessed (and blogged about) Justice Crane cap a long-running fair value proceeding with helpful guidance [...]

Federal prosecutors in New York are continuing their focus on bringing significant art fraud-related cases. The prosecutions over the last few years appear to have some recurring fact patterns and [...]

In the last year, Delaware courts have issued several notable opinions that further define-and in some cases expand-the scope of liability for failures of oversight at a corporation. Claims by [...]

In this Issue Delaware Chancery Court Grants Software Company's Motion to Dismiss Stockholder Class Action Lawsuit After Stockholder Vote Cleansed Alleged Improprieties in Connection with Merger First Circuit Affirms Dismissal [...]

In the case of Green Light Multiplex Co. Limited v. Lam Shi Yan [2024] HKCFI 2101, the Hong Kong Court of First Instance held a former General Manager (GM) liable [...]

When can a strata corporation sue at the behest of or on behalf of its members? In a recent court decision, Findlay v. The Owners, Strata EPS401, 2024 BCCA 305 [...]

A recent decision by the United States Bankruptcy Court for the Southern District of Texas in In re Walker County Hospital Corporation serves as an important reminder to clients that [...]

ALEXANDRIA, VA -- The following information was released by the Society for Human Resource Management (SHRM): Alden J. Bianchi, Jacob M. Mattinson, and Sarah G. Raaii © McDermott Recent lawsuits [...]

In a significant decision that clarifies the standards for determining controlling stockholder status, the Delaware Court of Chancery dismissed claims against AstraZeneca and Viela Bio's directors in connection with Viela's [...]

Dispute Resolution analysis: In a judgment which brings to a conclusion the trial of the former BHS directors, the Court has held the directors joint and severally liable for the [...]

A federal district court in Massachusetts recently denied a motion to dismiss a complaint filed by plan participants in the Cape Cod Healthcare, Inc. 403(b) plan, which alleged that the [...]

In In re Kraft Heinz Demand Refused Derivative Stockholder Litigation, C.A. No. 2022-0398-LWW (Del. Ch. July 19, 2024), the Court of Chancery granted a motion to dismiss a derivative complaint [...]

A new litigation trend is emerging regarding fiduciaries of health plans and their duties to prudently evaluate fees being charged by pharmacy benefit managers ('PBM'). Two Fortune 50 employers, Johnson [...]

The Eleventh Circuit Court of Appeals recently affirmed a district court's grant of summary judgment in favor of the fiduciaries of the Home Depot 401(k) plan, who defended against claims [...]

Approximately four years have passed since the new amendments to Ontario's Class Proceedings Act, 1992 came into force. One of the most significant amendments was the addition of subsection 5(1.1) [...]

One of the most time consuming and costly areas of employment law concerns the obligations departing employees owe their employers, and how employers can protect themselves from a departing employee's [...]

Businesses may feel aggrieved when faced with competition from former key personnel. While courts will closely examine contractual obligations and the potential misuse of confidential information, there is no general [...]

'The law on 'knowing receipt' has perplexed judges and academics alike for several decades' - Lord Burrows (paragraph 99). In a decision with significant implications for claims involving fraud and [...]

In the decision of Harrison Metal Capital III, L.P., v. Mathé, et al., C.A. No. 2022-0261-PAF (Del. Ch. Mar. 27, 2024), the Delaware Court of Chancery considered whether plaintiff adequately [...]

A New Jersey federal district court recently granted summary judgment in defendants' favor in an ERISA excessive fee case accusing Evonik's 401(k) plan fiduciaries of keeping imprudent investments in the [...]

A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact [...]

Recently, the Second Circuit became the latest circuit refusing to enforce individual arbitration of an ERISA class action, joining the Third, Seventh, and Tenth Circuits. The Ninth Circuit, by contrast, [...]

SAN FRANCISCO: COTCHETT, PITRE & MCCARTHY, LLP has issued the following news release: Three major California Law Firms filed a class action lawsuit in the Northern District of California on [...]

The Complaint Alleges One of the Largest Investment Fraud Schemes in California History Involving Many Senior Citizens SAN FRANCISCO -- Three major California Law Firms filed a class action lawsuit [...]

The lengthy and storied judicial history of the environmental prosecutions arising from Banks Island Gold Ltd.'s ('BIG') mining operations in Northwestern British Columbia (BC) is not over1 and its full [...]

It is an act riddled with pitfalls In employment law, the line between right and wrong is occasionally blurred, especially when it comes to possession of confidential documents. For employees, [...]

Corporations are separate legal persons, capable of suing and being sued, much like natural persons. Unlike natural persons, however, corporations cannot direct their own actions. Instead, their decisions and actions [...]

On this podcast, Harvey Cotton, Bill Littell, and Darien Saft from Ropes & Gray's benefits consulting group delve into the intricacies of the Lewandowski v. Johnson & Johnson ERISA class [...]

Fort Lauderdale, Fla. (June 3, 2024) - Fort Lauderdale Managing Partner Cheryl Wilke recently secured a defense verdict for civil engineering firm Gulfstream Design Group and its owner, Matthew Lahti, [...]

Last week, on 11 June 2024, the High Court handed down the judgment in the claim by joint liquidators against two of BHS's former directors. The Court held the directors [...]

In this update we analyse recent developments in the UK and other common law countries to flesh out unanswered questions left by the Supreme Court following BTI 2014 LLC v [...]

RETIREMENT PLAN UPDATES IRS FAQs Address SECURE 2.0 Disaster Relief Distribution and Loan Rules Last month, the Internal Revenue Service (IRS) issued a new set of Frequently Asked Questions (FAQs) [...]

Following other recent decisions addressing the applicability and scope of Kahn v. M&F Worldwide Corp. ('MFW'), including In re Match Group Inc., Derivative Litigation and Tornetta v. Musk, on May [...]

In a recent decision by the Ontario Court of Appeal, 7868073 Canada Ltd v 1841978 Ontario Inc, 2024 ONCA 371 ('786'), the Court emphasizes the importance of honouring contractual agreements, [...]

In Segway Inc. v. Hong Cai, 2023 Del. Ch. LEXIS 643 (Del. Ch. Dec. 14, 2023), the Delaware Court of Chancery (Will, V.C.) dismissed a claim for breach of fiduciary [...]

They say that April showers bring May flowers, but there were no flowers for ERISA plan sponsors and fiduciaries on May 1 when the Second Circuit held, in a ruling [...]

An agricultural society that was the beneficiary of an estate terminated the corporate membership of a director for an apparent conflict of interest when her family members sold property of [...]

Washington: United States Tax Court has issued the following order: ESTATE OF FRANCES COOPER, DECEASED,ANDREA HIRSCHFELD, FIDUCIARY , Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 26712-21S United States [...]

self Episode Description In the recent decision of Taiping Trustees Limited v Valley Stone Industry Fund Ltd, the Cayman Islands Grand Court provided a timely reminder that public policy factors [...]

A New York federal court recently denied former hospital employees' request for leave to file a Third Amended Complaint ('TAC') after dismissing their Second Amended Complaint ('SAC') for lack of [...]

The U.S. Department of Labor (DOL) recently filed suit against the Blue Cross and Blue Shield of Minnesota (BCBSM), alleging various violations of the Employee Retirement Income Security Act (ERISA). [...]