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Corporate Law

Tindall v. First Solar, Inc.

The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The...

How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations With Their Securities Disclosures

When a public company describes the impact of a proposed regulation it must consider two audiences: regulators and investors. These conflicting incentives may lead to inconsistent messages. Oil companies facing costly regulations tailor...

More Walk, Less Talk: Comment on How Cheap Is Corporate Talk?

This Comment attempts to mitigate the disconnect between company sustainability reports and risk statements in their Annual Reports using the "two audience" dilemma discussed in Colemans "How Cheap Is Corporate Talk? Comparing Companies...

New Jersey Department of Environmental Protection v. Navillus Group

A New Jersey appellate court, in an unpublished opinion, reversed and remanded portions of a lower court summary judgment against a corporation, its principal, and a general partnership for costs related to remediation of the site of a...

Ludlow v. BP, P.L.C.

The Fifth Circuit affirmed a lower court decision that investors who bought BP stock soon after the 2010 Deepwater Horizon oil spill may file a class action against the oil company for alleged misrepresentations regarding the...

National Ass'n of Manufacturers v. Securities and Exchange Commission

The D.C. Circuit reaffirmed its prior decision that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the...

New York State Electric & Gas Co. v. FirstEnergy Corp.

The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred cleaning up coal tar contamination at...

National Ass'n of Manufacturers v. Securities & Exchange Commission

The D.C. Circuit held that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment. SEC issued the rule in 2012 pursuant to §1502 of the Dodd-Frank Wall Street Reform and Consumer...

Reese v. Malone

The Ninth Circuit held that shareholders may go forward with their lawsuit against an oil company for allegedly making false and misleading statements about the condition of Alaskan pipelines and the company's pipeline maintenance and...

American Petroleum Institute v. Securities & Exchange Commission

A district court vacated an SEC rule that requires certain companies to disclose payments made to foreign governments in connection with the commercial development of oil, natural gas, or minerals. The rule was promulgated in response...

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