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New York Appellate Court Rejects Hedge Fund Suit Against Porsche over VW Bid
Publication Date: 2012-12-27
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A New York state appellate court has clamped down on an attempt by a group of hedge funds to get around the U.S. Supreme Court's Morrison decision. Reversing a lower court ruling, the appellate panel found that the hedge funds were barred from suing Porsche AG because neither the defendant nor most of the plaintiffs are New York state residents. The litigation was sparked by Porsche's 2008 announcement that it had amassed close to a 75 percent stake in Volkswagen, which was a disaster for hedge funds that had shorted VW's stock or made swap deals based on its share price.

July 07, 1999 |

Gaming Ads on Hold, Even With Court's Blessing

The U.S. Supreme Court's lifting of the Federal Communications Commission's ban on casino gambling advertising was welcome news for casino ad directors. But disappointment set in right after the Court's ruling: The FCC warned broadcasters in states where non-Indian gambling was illegal that they would face sanctions if they aired ads promoting casino gambling.
5 minute read
July 28, 2004 |

Nation's Bankruptcy System Comes Under Sharp Rebuke

The bankruptcy system got harsh criticism at a congressional hearing last week, with much of the blame being pinned on attorneys. On July 21, the House Judiciary Subcommittee on Commercial and Administrative Law heard from two law professors. Lynn LoPucki of UCLA alleged that liberal choice-of-venue rules allow corporate bankruptcy attorneys to play the bankruptcy courts off against each other, while Lester Brickman of NYU criticized the control plaintiff's firms hold over of asbestos-related bankruptcies.
3 minute read
April 25, 2005 |

One little e-mail, one big legal issue

It began with an e-mail that any in-house counsel could have written: a reminder to colleagues about the company's document-retention policy.
3 minute read
May 07, 2013 |

Can China Change CFIUS?

The national security review is the biggest single hurdle to many Chinese investments in the U.S., but many in China think the process is unfair.
7 minute read
May 28, 2008 |

Grasso Pay Case Tests Attorney General's Power

Former New York Stock Exchange Chairman Richard A. Grasso's struggle to retain his $185 million pay package will test the dimensions of the state attorney general's power of parens patriae when the case is heard in the new session of New York state's high court. The solicitor general will argue that the AG's parens patriae powers enable the office to go after Grasso's compensation package as "unjust enrichment." The public outcry that ensued over Grasso's package led to his forced resignation in 2003.
4 minute read
December 23, 2003 |

Newsbriefs

3 minute read
September 05, 2007 |

Newest Honor Brings Kline's Career Into Sharp Focus

When Tom Kline graduated from law school in 1978, he had a romantic vision of the shape of his future lawyerly life. He was going to become a small-town lawyer in upstate Pennsylvania.
8 minute read
Wells Fargo Engaged in 'Sham' Tax Shelter, Court Finds; Loses Bid for $82 Million Tax Refund
Publication Date: 2011-10-04
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For five years, Wells Fargo has fought to get the U.S. government to refund the bank $82 million in taxes. But a federal judge in Minnesota on Friday ruled that the underlying transaction was a "sham" transaction and a tax shelter, and disallowed any refund.

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