Sentences with phrase «on derivative claims»

David was a member of the Chancery Working Group reporting to Lord Woolf on Access to Justice and of the Civil Procedure Rules Committee Working Group on derivative claims procedure.

Leading case on conflicts issues on derivative claims.

The Law of Majority Shareholder Power (edited by David Chivers QC and Ben Shaw, OUP, 2008): author of the chapters on introducing compulsory transfer provisions into a company's articles and on derivative claims.

Derivative claims: Matthew is the author of the chapter in Gore - Browne on Companies, the leading company law textbook, on derivative claims.

Not exact matches

«Requiring the banks to pay treble damages to every plaintiff who ended up on the wrong side of an independent Libor ‐ denominated derivative swap would, if appellants» allegations were proved at trial, not only bankrupt 16 of the world's most important financial institutions, but also vastly extend the potential scope of antitrust liability in myriad markets where derivative instruments have proliferated,» the U.S. Court of Appeals in New York said in the ruling.A U.S. appeals court on Monday revived private antitrust litigation accusing major banks of conspiring to manipulate the Libor benchmark interest rate, in a big setback for their defense against investors» claims of market - rigging.

And, the Commodity Futures Trading Commission claims to have oversight over digital currency derivatives — we're not entirely sure what that means quite yet for regulation, but it is good to know that maybe someone will be providing clarity on regulations soon (fingers crossed).

«Without live primary claims, the Court also grants summary judgment on Sulyma's derivative duty to monitor and co-fiduciary liability claims (claims V and VI).»

Important factors that may affect the Company's business and operations and that may cause actual results to differ materially from those in the forward - looking statements include, but are not limited to, increased competition; the Company's ability to maintain, extend and expand its reputation and brand image; the Company's ability to differentiate its products from other brands; the consolidation of retail customers; the Company's ability to predict, identify and interpret changes in consumer preferences and demand; the Company's ability to drive revenue growth in its key product categories, increase its market share, or add products; an impairment of the carrying value of goodwill or other indefinite - lived intangible assets; volatility in commodity, energy and other input costs; changes in the Company's management team or other key personnel; the Company's inability to realize the anticipated benefits from the Company's cost savings initiatives; changes in relationships with significant customers and suppliers; execution of the Company's international expansion strategy; changes in laws and regulations; legal claims or other regulatory enforcement actions; product recalls or product liability claims; unanticipated business disruptions; failure to successfully integrate the Company; the Company's ability to complete or realize the benefits from potential and completed acquisitions, alliances, divestitures or joint ventures; economic and political conditions in the nations in which the Company operates; the volatility of capital markets; increased pension, labor and people - related expenses; volatility in the market value of all or a portion of the derivatives that the Company uses; exchange rate fluctuations; disruptions in information technology networks and systems; the Company's inability to protect intellectual property rights; impacts of natural events in the locations in which the Company or its customers, suppliers or regulators operate; the Company's indebtedness and ability to pay such indebtedness; the Company's dividend payments on its Series A Preferred Stock; tax law changes or interpretations; pricing actions; and other factors.

RBT contracted Medicus Research, the premier contract research organization for the Dietary Supplement, Functional Foods and Botanical Drug industries, to perform a comprehensive analysis of independent studies conducted on behalf of RBT to substantiate numerous important health claims for its proprietary and process patented rice bran derivatives and products.

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«Counterparty risk» refers to the risk that the party on the other side of the derivative trade (e.g. insurance) can not pay the claims they contracted to cover.

There are two claims on surplus — losses from direct lending, and losses in the derivative books.

Yet I have not heard of a single weather derivatives group which claims to profess weather and climate with «investment accuracy» (accurate often enough to be worth betting modest sums on) over more than a one year time horizon.

In her 30 + years in practice, she has handled just about every kind of lawsuit you can think of — from shareholder derivative suits to medical device litigation, from disputes about insurance (life, title, commercial general liability) to claims based on federal statutes (RICO, TCPA, ERISA).

Later, when I joined Schulte Roth & Zabel, I focused my practice on representing hedge funds, publicly listed companies, and private clients, as both subjects and victims in criminal and regulatory investigations on the state and federal level, and in a variety of state and federal litigation arising from commercial and investment disputes, including claims of fraud, securities class actions, and derivative actions.

In Derivative Discrimination Claim Still Not There on the 7th Circuit, Mike Fox writes about a (white) union steward, Dennis Walker, who complained to a warehouse manager at Mueller Industries Inc. about the company's treatment of its black workers, which included «co-workers singing racially derogatory songs,» references to African Americans as «monkeys,» and graffiti including «N - I - G - A» written throughout the warehouse.

Our expertise includes advising officers, boards of directors, shareholders, and special litigation committees on a wide range of business disputes, including fiduciary duties, employment issues with minority and majority shareholders, executive compensation, corporate freeze - outs, direct and derivative claims by shareholders, internal investigations and other aspects of corporate governance.

Prevailed in motions to dismiss securities fraud and derivative claims against CEO of software company based on allegations of backdated stock options and other accounting irregularities.

He also advises his clients on breach of contract, real estate disputes, business torts, breach of fiduciary duty and fraud claims, products liability, ERISA claims, enforcement of non-competes, and shareholder derivative suits.

The court found that a contract signed by a decedent or his or her attorney - in - fact does not bind wrongful death beneficiaries whose claims are not derivative of and accrue separately on whatever personal injury claims the decedent may have had.

Alison Wilson Qualified: 2005 Made partner: 2014 Key cases: Advising a major bank on an FCA investigation into its handling of PPI complaints; advising Standard Chartered Bank in its successful claim against the Ceylon Petroleum Company in connection with oil derivatives; advising a major bank on a multijurisdictional fraud perpetrated against it by a hedge fund manager, including civil claims and associated criminal investigations.

Matt Waudby Qualified: 2003 Made partner: 2014 Key cases: Representing Citigroup in defending a $ 55m Commercial Court claim asserted by Millennium (a fund in liquidation), in respect of Citigroup's valuation of a portfolio of emerging market derivative transactions; acting for ExxonMobil on a cross-border Commercial Court claim made by the administrators of Lehman Brothers International in relation to the valuation of a portfolio repurchase transaction around the time of Lehman Brothers» insolvency in September 2008.

Stimpson v Southern Private Landlords Association Early leading case on the statutory derivative claim.

More broadly, Dunphy wrote that Platnick's suit «had a substantial chilling effect on discussion and debate about the proper use and utility of this type of derivative expert's report» in accident benefits claims.

Practice head Hugh Evans has more than 35 years of experience handling high - value professional negligence claims on behalf of banks, building societies and other lenders; he leads a team that includes Adam Ibrahim who, in addition to heading the regulatory team in Leeds, has extensive experience handling financial services related professional negligence matters and is heavily involved in claims arising from the FCA's investigation into the mis - selling of derivatives and swaps.

Pursuing claims against directors on behalf of shareholders where there has been questionable conduct by the directors (known as derivative actions)

The Court emphasised that third party funders seek to derive financial benefit from claims just as much as funded claimants and that the «derivative nature of a commercial funder's involvement should ordinarily lead to his being required to contribute to the costs» on the same basis as the funded claimant.

Successfully representing a major international investment bank on Spanish derivatives litigation, in relation to a $ 150m claim filed by the holding company of one of the major media groups in Spain.

William Brannigan v (1) Spencer Style (2) David Pears (3) Mark Pears (4) Trevor Pears (5) Portobello Estates Ltd [2016] EWHC 512 (Ch) Successfully opposed a minority shareholder's application to continue a derivative claim on behalf of the company against four of its directors.

Robin Stainer v Lee & Ors: [2010] EWHC 1539 (Ch) Obtained permission to continue a derivative claim under s261 of the Companies Act 2006 on the basis of alleged breaches of directors» duties

He focuses on complex commercial litigation, particularly contract actions, fraud, breach of fiduciary duties and other business torts, intra-company disputes and business divorce claims involving partnerships and LLCs, employment claims, and derivative and class action claims.

Members of a company can bring a derivative claim (pursuant to Part 11, Chapter 1 of the Companies Act 2006 (CA 2006)-RRB- in respect of a cause of action vested in the company, and seeking relief on behalf of the company.

There are a number of practical advantages for such shareholders to bringing an unfair prejudice petition instead of a derivative claim (for example, the broad grounds for relief, the flexible nature of the relief that may be sought, and the fact that there are fewer procedural hurdles to overcome), and there may be significant disadvantages in bringing a derivative claim (the initial procedural phases can be costly, and relief must be sought on behalf of the company).

The defendants argued that the claim was solely Martinrea's claim and that it had to be pursued as a derivative action on behalf of the corporation, with leave of the court.

Obtained dismissal, affirmed on appeal, of a shareholder derivative action, and of multi-billion dollar claims brought by former CEO Maurice «Hank» Greenberg.

In Icahn Partners LP v. Lions Gate Entertainment Corp, 2011 BCCA 228, Madame Justice Newbury commented on the difficulty that the examples in BCE present: «Whether the Court thereby intended to signal that derivative actions (for breach of fiduciary duty) and oppression claims should in its view be collapsed into one category, despite their different treatment in Canadian corporate legislation, remains to be seen.»

Investors wishing to bring claims against these parties are therefore faced with the choice of either seeking to obtain some control over the master fund (possibly through the appointment of a liquidator) so that it can pursue direct claims or bringing a derivative action on behalf of the master fund.

Thus, in s 260 (1), a derivative claim is defined as one that is brought by a member in respect of a cause of action vested in the company and that seeks relief on behalf of the company.

Only in exceptional circumstances, for example where the wrongdoer is a majority shareholder, have minority shareholders been able to obtain the court's permission to bring a derivative claim on behalf of the company.

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