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It’s not often that we review state Supreme Court cases, but when the court is the Delaware Supreme Court, and that court adopts a new standard of review to apply to certain types of buyouts hat will likely affect many U.S. corporations – we listen. The Deal The present case that brought about an upheaval in Delaware corporate law revolves around Ronald Perelman’s corporate universe. Ronald Perelman owns MacAndrew & Forbes, which in turn owned a 43% stake in MFW....

The Seventh Circuit Court of Appeals ruled this week that an employer was not liable for overtime compensation to an employee because it did not have reason to know that the employee was working overtime. In a quorum opinion, the judges ruled that the employer had little reason to know, or even suspect, that the plaintiff was acting in direct contradiction of a company policy and practice that she herself was partially responsible for enforcing....

Indiana has filed suit against Equifax, adding to lawsuits already pending against the company for one of the biggest data breaches in history. The 2017 breach affected some 148 million Americans, but it’s impact has reached much further. That’s because Equifax is the world’s largest credit-reporting bureau and has personal and financial information on everyone in its database. Equifax is already fighting a consolidated class-action, but the Indiana case puts another dagger in the company’s back....

Former New York Giants wide receiver Plaxico Burress pleaded guilty today to the attempted criminal possession of a weapon in a plea agreement with the Manhattan District Attorney’s office. Burress’ high-profile criminal defense lawyer, Benjamin Brafman told the court when his client pleaded guilty, that “unfortunately, there is no legal defense we can offer,” John Wolfstaetter was the D.A.’s lead prosecutor in the case, Here is Plaxico Burress’s original criminal indictment in the case...

It is widely estimated that about 70 million Americans have bills in collections at any given point. That means a broad portion of the population understands just how frustrating, annoying, and intimidating calls from debt collectors can be. It could be about to get worse. That’s because a new regulation finalized by the ironically named U.S. Consumer Financial Protection Bureau (CFPB) will allow debt collectors to contact you by text message, email, and social media instant message....

Chief Justice John Roberts named eight judges as new committee chairs for the Judicial Conference this week, and extended the service of three judges as committee chairs. Among the eight new chairs, Justice Roberts appointed Sixth Circuit Court of Appeals Judge John Rogers as the new chair of the Judicial Conference Committee on Codes of Conduct. Judge Rogers, who was appointed by President George W. Bush, has served on the Sixth Circuit Court of Appeals since 2002....

You might consent to a business calling you on your cell phone, but that doesn’t mean that the successor to your phone number will do the same. Unwanted phone calls to cell phones can be costly for both the recipient, (through air time fees), and the caller, (under the Telephone Consumer Protection Act). Last week, the Seventh Circuit Court of Appeals ruled that a caller that repeatedly calls a cell phone number for which the “called party” did not consent to being called can be held liable at the rate of $500 per call under the TCPA....

Legally speaking, President Trump has made racial slurs. Almost everybody knows it, but it just sounds so bad when a judge says it. Of course, Judge Nicholas Garaufis used more judicious language in his decision. But ruling in Vidal v. Nielsen, the federal judge made it clear. The president has said prejudicial things against Mexicans. Bias Against Mexicans In a 33-page ruling, Garaufis said Trump repeatedly called Mexicans “bad hombres,” “rapists,” and other slurs....

Civil Rights Action Regarding Traffic Stop In Liberal v. Estrada, No. 08-17360, an action for violations of plaintiff’s civil rights arising from a traffic stop and subsequent events, the court affirmed the district court’s order denying summary judgment based on qualified immunity to defendants where 1) it was not a reasonable mistake for defendant-officer to believe that windows that are rolled down and that cannot be viewed at all are in fact rolled up and tinted; and 2) the traffic stop was unlawful because it did not rest on a reasonable suspicion that a violation of law had occurred....

Appeal from Denial of Social Security Benefits In McLeod v. Astrue, No. 09-35190, plaintiff’s appeal from the denial of Social Security benefits, the court reversed where the ALJ had no duty to request more information from the two treating physicians who testified, but the ALJ’s failure to help plaintiff develop the record by putting his VA disability determination into the record was “good cause” under Tonapetyan, and the disability determination is “material” under McCartey, so a remand was required....

Your employee IRA accounts are still safe under Chapter 7 Bankruptcy, according to a decision by the Sixth Circuit on Monday. The Daley v. Mostoller Court reaffirmed common knowledge in bankruptcy practice, that individual retirement accounts (IRAs) are “off limits from tax collectors and creditors in bankruptcy,” unless they’ve been used in a prohibited way. What does the Sixth Circuit consider a prohibited use of an IRA? As with James Daley, during a declaration of Chapter 7 bankruptcy, a bankruptcy trustee will peruse your assets, including any IRAs, and cry foul to the bankruptcy court if you’ve been inappropriately squirreling away money....

The Flint water crisis is likely to be remembered as one of the worst public disasters caused by a local government in the state of Michigan’s history. And while several lawsuits have been filed, one recently made it back from the Sixth Circuit with bad news for several of the government officials named as defendants. The appellate court affirmed the lower court’s ruling that certain officials and the state were not immune, but it also reversed the holding in favor of some other officials....

We’ve all been riding shotgun with some shady characters behind the wheel. And if that shady character gets pulled over, does that mean police can search you and all your belongings? Not in Michigan any more. “A person can get in a car without leaving his Fourth Amendment rights at the curb,” according to the Michigan Supreme Court, meaning police officers in the state will need to be re-trained and one lucky man isn’t facing 10 years behind bars....

Supreme Court Justice Ruth Bader Ginsburg made her opera debut last fall and she’s already back for more. This time, however, the Notorious RBG, a notorious opera aficionado, wasn’t on stage to perform, but to speak. Last night, Justice Ginsburg starred in “Justice at the Opera” at the Kennedy Center Opera House on “justice, criminality and human rights as depicted in the opera.” The opera can seem a rarefied, distant art, the kind of thing that’s beloved by a few but befuddling to most....

In a pair of First Amendment cases, the U.S. Supreme Court drew surprising new lines on religious monuments and public access channels. In The American Legion v. American Humanist Association, the Supreme Court held that the Bladensburg Cross monument does not violate the establishment clause of the First Amendment. In Manhattan Community Access Corp. v. Halleck, the justices said a nonprofit corporation running a city’s public access channel is not subject to the First Amendment....

He didn’t see it coming, which should have been hint number one that “America’s Prophet,” Sean David Morton, is not really psychic. At least, that is what the Securities and Exchange Commission claims in their suit against him for fraud, filed March 4, in the U.S. District Court for the Southern District of New York. Hint number two for investors with Morton’s Delphi Investment Group should have been that this psychic, allegedly trained by Tibetan monks, did not use his powers to end war or predict earthquakes, but for the very unspiritual purpose of following the market....

Some businesses post all their policies electronically in one form or another. It doesn’t take much. Even the president – of the United States – can tweet policy. But is that always a good idea? Even if the law doesn’t require it, there may be good reasons for that. It’s up to general counsel to figure it out. Here are some considerations: Internet Business If your company is internet-based, what else are you going to do?...

The Supreme Court caught us all off-guard by releasing a separate order this afternoon, less than a week after receiving the state’s briefs in the case. In the order, the court declined to step in to the Texas abortion restriction battle, at least for now. In a 5-4 split along conservative-liberal lines, the Court declined to vacate a stay entered by the Fifth Circuit, which in practical terms means that the Texas abortion restrictions, most notably the rule requiring providers to have practicing privileges at a hospital within thirty miles of the clinic, will remain in effect, at least until the Fifth Circuit hears the expedited appeal of the case in January....

Attorneys who enjoy polygamy and civil rights lawsuits will have to settle for just one polygamy case in the Tenth Circuit Court of Appeals pipeline. Last week, the Tenth Circuit dismissed Mekbib G. Adgeh’s appeal arguing that he has legal right to have more than one wife. The court found that Agdeh’s claim was a frivolous lawsuit and failed as a matter of law. Had Adgeh been a paying appellant in the court, his case may have progressed slightly further....

We admit up front that one reason we are writing about this Second Circuit Court of Appeals case is that it includes a fleeting reference to a character named Captain Courage(!). Elizabeth Mechler was a special enforcement officer for the Kansas Department of Corrections (“DOC”) from 1993-2004. Her work required Mechler to carry a firearm. In March 2004, Mechler began a three year contract with Dyncorp, which operates overseas prisons for the United States government....