Attorneys at Law

Barton Blogs

SDNY Follows Mobil Cerro and Micula in “Memo Endorsed” Order in Eiser

In a terse “Memo Endorsed” Order issued in Eiser Infrastructure Limited et al. v. Kingdom of Spain, No. 17-CV-3808 (LAK) (S.D.N.Y. Nov. 13, 2017), Judge Lewis A. Kaplan expressly followed the Second Circuit’s very recent decisions in Mobil Cerro Negro, Ltd. v. Bolivarian Republic of Venezuela, 863 F.3d 96 (2d Cir. 2017), (“Mobil Cerro”) and …

Finally! Some Normalcy Returning To The NLRB – Or, Employee Handbooks Revisited!

Three (3) years ago, we addressed the continued attack by the Obama Board on employee handbooks (November 2014 Newsletter).  Seemingly logical, rational, and sensible company policies were repeatedly stricken down by the NLRB in its overly broad interpretation of employee Section 7 rights (29 USC § 157).  A little over two (2) years ago, the …

Wells Fargo Litigation Against Directors Will Continue. Is there Now a Hole in the Business Judgment Rule?

Corporate directors should carefully review the agreements with their companies and their insurance coverage. A recent California decision has significantly increased their exposure to shareholder litigation damages. On October 4, Judge Jon S. Tigar of the U.S. District Court, Northern District of California issued a decision in In re Wells Fargo Shareholder Derivative Litigation that …

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