Don’t Rob Peter to Pay Paul

When businesses experience financial difficulties, it is very common for them to “rob Peter to pay Paul.” Occasionally, this takes the form of using taxes that have been withheld from employees’ paychecks to pay expenses instead of remitting those funds to the IRS.  Of course, it is well known that even though such obligations are […]

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The Benefit of Requiring an Unhappy Shareholder or Unhappy Member in a Closely Held Business to Sue Derivatively

So, the aggrieved shareholder or member of a closely held company has brought an action against your clients, the directors or managing members of a closely-held company, claiming, among other things, that your clients breached their fiduciary duty to the company and the aggrieved shareholder or member. The courts have made it clear that this […]

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Recent Case Highlights Current and Evolving Fiduciary Duty Law

Delaware has long been the bellwether for law concerning the duties that corporate officers and directors owe to a company and its creditors, and Florida courts often look to Delaware cases and compelling authority in evaluating disputes alleging breaches of fiduciary duties by directors or officers.  A recent significant Delaware opinion has helped clarify what […]

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Cyber Security’s Impact on D&O Litigation

Cyber security breaches will impact director and officer litigation in 2016. As we have discussed in a number of our recent reports, potential liability for data breaches emerged as a major concern for corporations last year, with massive cyber attacks cropping up regularly. The recent litigation trend on how lawyers seek to capitalize on these breaches […]

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New Mobile Device Encryption Emphasizes the Need for Timely Litigation Hold

Apple recently made headlines with its announcement that iOS8 would be encrypted so that Apple would not be able to respond to requests for user data under the Stored Communication Act and/or warrants for data held on its users’ mobile devices. Instead, Apple can only access data stored in its users’ iCloud accounts.  In a […]

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