Litigation
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Finance
FDIC Professional Liability Lawsuits Deserve Close Scrutiny
Recent Federal Deposit Insurance Corporation (“FDIC”) lawsuits filed against directors and officers of failed financial institutions may shape corporate law for years to come. Although many people assume that the allegations in such FDIC lawsuits are unique to banking, this is...
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Acquirors Beware: The Unintended Standstill Consequences Of Confidentiality Agreements
A recent Delaware Court of Chancery decision highlights the importance of careful review and negotiation of the confidentiality agreements typically entered into at the beginning of the merger and acquisition process. In Martin Marietta Materials, Inc. v. Vulcan Materials Company (Del. Ch. 2012...
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The Ascertainability Requirement For Class Certification: Origins And Applications
Class certification is a watershed moment in high-stakes class action litigation. For defendants, class certification can represent the difference between being forced to proceed with a “bet the company” trial or to negotiate a settlement with little leverage, on the one hand,...
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