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Influence, Not Ownership Stake, Determines Controlling Stockholder
A stockholder who held 17.3 percent of a Chinese pork producer's outstanding stock can still be viewed as a controlling stockholder because he possessed "both latent and active control" over the company, the Delaware Court of Chancery has ruled.Litigators of the Week: Stephen Fishbein, John Nathanson and Mark Pomerantz
Shearman & Sterling's Fishbein, who argued the successful insider trading appeal in U.S. v. Newman alongside Mark Pomerantz of Paul Weiss, says it's wrong to think that the Second Circuit made insider trading too tough to prove. But, he says, "it's going to be harder to prove when the defendants are innocent."Faulting Evidence, Circuit Rejects Insider Trading Verdict
The convictions of former hedge fund portfolio managers Todd Newman and Anthony Chiasson have been reversed by the the Second Circuit, which said prosecutors failed to produce sufficient evidence to show that they had willfully engaged in either insider trading or an insider trading conspiracy or knew the sources of the insider information received a personal benefit.Faulting Evidence, Circuit Rejects Insider Trading Verdict
The convictions of former hedge fund portfolio managers Todd Newman and Anthony Chiasson have been reversed by the the Second Circuit, which said prosecutors failed to produce sufficient evidence to show that they had willfully engaged in either insider trading or an insider trading conspiracy or knew the sources of the insider information received a personal benefit.Chancery Court May Defer to Legislature on Fee-Shifting
A former stockholder's lawsuit against an airplane repair company could give the Delaware Court of Chancery an opportunity to provide corporations with much-needed guidance on fee-shifting bylaws.Procopio v. Gov't Employees Ins. Co.
Click Here for FC&S Legal Expert Analysis Procopio v. Gov't Employees Ins. Co.433 N.J.Super. 377Superior Court of New Jersey,Appellate Division.James…Bldg. Materials Corp. of Am. v. Allstate Ins. Co.
Click Here for FC&S Legal Expert Analysis Bldg. Materials Corp. of Am. v. Allstate Ins. Co.424 N.J.Super. 448Superior Court of New Jersey,Appellate…A Buyer's Guide to Law Firm Software
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