Publications Mar 02, 2016 Social Issues in Selected Recent Mergers and Acquisitions Transactions (March 2016) Mar 02, 2016 NYSE Adopts Rule Requiring Foreign Private Issuers to Submit Semi-Annual Unaudited Financial Information Mar 01, 2016 SEC Staff Issues No-Action Responses With Regard to 18 Proxy Access Shareholder Proposals Challenged on “Substantial Implementation” Grounds Feb 29, 2016 D.C. Court of Appeals Rules That Professional Services Exclusion Does Not Negate Duty to Defend Feb 29, 2016 New Hampshire Supreme Court Rules That Excess Insurer’s Duty to Defend is Triggered Only Upon Exhaustion of Primary Coverage Feb 29, 2016 Failure-to-Warn Suit Alleges Bodily Injury Triggering Insurer’s Duty to Defend, Says California Court Feb 29, 2016 Courts Reach Contradictory Conclusions Whether Prejudice Is Required for Late Notice Defense Under Claims-Made Policy Feb 29, 2016 New York Statute Requires Insurer to Issue Separate Disclaimer to Additional Insured, Says New York Court Feb 29, 2016 California Appellate Court Rules That Policyholder’s Failure to Obtain Excess Insurer’s Consent Prior to Settlement Constitutes Prejudice Feb 29, 2016 Insured Responsible for Pro Rata Shares of Insolvent Insurers, Says New Jersey Appellate Court Feb 29, 2016 Reinsurer Required to Follow the Fortunes, Says New York Court Feb 29, 2016 Florida Appellate Court Rules That Post-Loss Assignment of Policy Benefits Is Valid Notwithstanding Lack of Insurer Consent Feb 29, 2016 Hawaii Supreme Court Clarifies Scope of Work-Product Protection and Insurer Bad Faith Feb 29, 2016 Minnesota Supreme Court Rules That Depreciated Labor Costs May Be Considered in Calculating Actual Cash Value Feb 29, 2016 STB News Alerts Feb 26, 2016 Supreme Court: Courts Must Apply the ERISA Pleading Standards of Fifth Third Bancorp v. Dudenhoeffer Feb 26, 2016 Eighth Circuit: (1) Cautionary Statements Must Provide “a Realistic Description of the Risks Applicable to the Particular Circumstances,” and (2) Not All Bad Corporate News Is “Corrective” for Loss Causation Purposes Feb 26, 2016 Ninth Circuit: Announcement of a Government Investigation Can Serve as a Corrective Disclosure for Loss Causation Purposes If the Inaccuracy of the Misstatement at Issue Is Subsequently Confirmed Feb 26, 2016 Southern District of New York: (1) Defendants Do Not Have a Generalized Duty to Disclose SEC Investigations and Wells Notices, and (2) Defendants Have No Duty to Update Statements Made Prior to the Class Period Feb 26, 2016 Southern District of New York: Adverse Interest Exception to the General Rule Imputing an Executive’s Scienter to the Corporation Does Not Apply If the Corporation Benefited From the Executive’s Fraud ...131132133134135136137138139140...