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April 25, 2024 | National Law Journal

Energy, Climate Policy Should Be Guided by Federal Laws, Congress, Not a Chaotic Patchwork of State Laws

A request for U.S. Supreme Court review asks the justices to determine whether the federal Clean Air Act governs climate emissions or if state and municipal governments' rules should take precedence.
5 minute read
April 24, 2024 | The American Lawyer

Kirkland v Latham: Blackstone Swings Into Hipgnosis Deal to Rival Apollo Bid

The deal pits the world's largest private equity firms and their Big Law legal advisers against one another.
2 minute read
April 24, 2024 | Delaware Business Court Insider

Chancery Urged to Block Tesla 'Run From Jurisdiction' in Elon Musk Pay Case

Tesla has filed a proxy indicating it would be seeking shareholder votes on a relocation to Texas and whether Musk should receive the 2018 compensation plan that had been struck down by the Court of Chancery.
3 minute read
April 24, 2024 | National Law Journal

DOT Requires Airlines to Disclose Junk Fees, Provide Prompt Refunds

"Airlines should compete with one another to secure passengers' business—not to see who can charge the most in surprise fees," U.S. Transportation Secretary Pete Buttigieg said.
3 minute read
April 24, 2024 | The American Lawyer

Through Merger Talks, Troutman and Locke Lord Seek Market-Leading Position in Several Practices

The combined firm would have more than 90 lawyers in energy practices, 120 lawyers in life sciences practices, and 100 in real estate, according to an analysis of the firms' head count in these practices.
5 minute read
April 24, 2024 | Law.com

Critical Mass With Law.com's Amanda Bronstad: Mixed Results in J&J's First Post-Bankruptcy Talc Verdicts, Antitrust Class Actions Surge Over Sugar

The first talcum powder verdicts involving Johnson & Johnson since the failed bankruptcies of its subsidiary last year both ended on April 19—but with mixed results.
7 minute read
April 24, 2024 | New York Law Journal

Has the Seventh Circuit Opened the Door for Distressed Investors Through Limiting the Risk of Failed LBOs or Other Stock Sales?

In March, the Seventh Circuit held that the same safe harbor provisions in the Bankruptcy Code may also extend to leveraged acquisitions structured as a purchase of privately held stock.
10 minute read
April 24, 2024 | New York Law Journal

Supreme Court Confirms 'Pure Omissions' Cannot Support Securities Fraud Liability

In a significant decision regarding the scope of the federal securities laws' anti-fraud provisions, the U.S. Supreme Court held that "pure omissions" are inactionable under Section 10(b) of the Securities Exchange Act and its enabling rule, SEC Rule 10b-5.
9 minute read
April 24, 2024 | Delaware Business Court Insider

Bankruptcy Court Rejects Equity Holder's Challenge to Revoke Confirmation Order in 'Virgin Orbit'

The equity owner asserted that the confirmation order that was previously entered by the court should be revoked based on the equity owner's claim that value was lost due to improper sale and marketing efforts by the debtors and its professionals both pre- and post-bankruptcy and, as such, they should have been "in the money" and entitled to a distribution under the confirmed plan.
11 minute read
Air-Sea Packing Group Inc. v. Applied Underwriters Inc.
Publication Date: 2024-04-24
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Second Department
Judge: Justice Robert J. Miller
Attorneys:
For plaintiff: For Respondent: James D. Lawrence, Chris LaRocco, and Suzanne Berger of counsel, Bryan Cave Leighton Paisner LLP, New York, NY.
For defendant: For Appellants: Shand S. Stephens, Anthony P. Coles, and Steven M. Rosato of counsel, DLA Piper LLP (US), New York, NY.
Case number: 711035/19

Forum Selection Clause Requiring Plaintiff to Bring Action in Nebraska Is Unenforceable

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