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Chancery Determines Appraisal “Fair Value” Below Merger Consideration, Questions Judicial Notice of Valuation Scholarship

In re Appraisal of Jarden Corp., Consol. C.A. No. 12456-VCS (Del. Ch. July 19, 2019). This decision presents another cautionary tale for stockholders of a target public company who consider seeking statutory appraisal instead of accepting the merger...By: Morris James LLP
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Morris James LLP | Aug 22,2019 |

Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class contained uninjured...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Aug 22,2019 |

Shareholder “Appraisal” Action Can Trigger D&O Insurance Coverage, According to Delaware Court

In a significant ruling of first impression, Solera Holdings, Inc. v. XL Specialty Insurance Co. (“Solera”), the Delaware Superior Court recently held that a corporation might find coverage in its directors and officers (“D&O”) liability insurance...By: K&L Gates LLP
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K&L Gates LLP | Aug 22,2019 |

Stricter Cal/OSHA Standard On Lead Exposure Expected In September 2020

On June 27, 2019, California Governor Newsom approved Senate Bill 83. This budget bill contained a provision setting a September 30, 2020 deadline for Cal/OSHA to adopt a revised lead exposure standard. The bill requires Cal/OSHA to “revise the lead...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 22,2019 |

How Will The CCPA Impact California Employers?

There is a lot of confusion about how the California Consumer Privacy Act (CCPA) will impact California employers. The California legislature is considering AB25, which has been interpreted as eliminating CCPA’s requirements for California employers....By: Fox Rothschild LLP
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Fox Rothschild LLP | Aug 22,2019 |

Delaware Recognizes Reality of Merger Negotiations in Upholding Application of Business ?Judgment Rule

In In re Towers Watson & Co. Stockholders Litigation, 2019 WL 3334521 (Del. Ch. July 25, 2019), the Delaware Court of Chancery applied the business judgment rule to dismiss a stockholder suit challenging the $18 billion merger of equals between...By: Locke Lord LLP
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Locke Lord LLP | Aug 22,2019 |

Class-wide damages model: Ninth Circuit cabins Comcast

Takeaway: In a prior post – Leveraging Comcast – beating predominance where challenged product has some value (April 16, 2019) – we reported on a decision by Judge Lucy Koh of the Northern District of California demonstrating the difficulty of...By: Kilpatrick Townsend & Stockton LLP
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Oregon Governor Signs Paid Family And Medical Leave Law

Oregon’s paid family and medical leave law was signed by Governor Kate Brown on August 9, 2019. Eligible workers will be permitted to take up to 12 weeks of paid leave under the new law beginning January 1, 2023. The bill (HB 2005) was passed by the...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Aug 22,2019 |

Weekly Update Newsletter - August 2019 #3

SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - General Services Administration - According to Law360, GSA is seeking up to $20 billion worth of information technology services from disadvantaged small businesses and has asked for feedback before...By: PilieroMazza PLLC
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PilieroMazza PLLC | Aug 22,2019 |

Vacationing While on FMLA Leave Is Not Grounds For Termination

Imagine, an employee in your organization advises that they need to take leave pursuant to the Family and Medical Leave Act to recover from an upcoming surgical procedure. Your organization approves the leave and then you find out that while on leave...By: Burns & Levinson LLP
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Burns & Levinson LLP | Aug 22,2019 |
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