Class Action Rule 23(a) Prerequisites Standards Chart (2d Cir.)

By: Jim Wagstaffe and The Wagstaffe Group A PARTY SEEKING CLASS CERTIFICATION MUST SATISFY THE four requirements set forth under Fed. R. Civ. P. 23(a) (Rule 23(a)). Numerosity. A class is so large that joinder of all members is impracticable. ...

Vinayak Kohli

Drafting Choice-of-Law Provisions

By: Timothy Murray , Murray, Hogue & Lannis ONE TIME I FOUND MYSELF ON THE SET OF A HOLLYWOOD soundstage for a popular television show about a lawyer. In the law library of the fake TV law firm, I noticed something that viewers at home couldn’t...

Vinayak Kohli

The NYSE’s Complex Shareholder Approval Rules: Issuing New Securities? Do You Need Shareholder Approval?

By: Stuart H. Gelfond and Burcin Eren. THE NEW YORK STOCK EXCHANGE (NYSE) HAS SPECIFIC requirements applicable to listed companies to receive shareholder approval in connection with certain transactions, including issuing equity and convertible securities...

Vinayak Kohli

Drafting a Motion to Dismiss a Patent Infringement Complaint for Failure to State a Claim under Rule 12

By: John DeFosse FRIED FRANK, HARRIS, SHRIVER & JACOBSON LLP THIS ARTICLE EXPLAINS THE STRATEGIC AND PRACTICAL considerations associated with filing a motion to dismiss claims of patent infringement under Rule 12(b)(6) of the Federal Rules of Civil...

Vinayak Kohli

DOL’S Final ERISA Proxy Voting Rule Largely Changed to Principles-Based Approach

By: Michael B. Richman , Julie K. Stapel , Craig A. Bitman , Lindsay B. Jackson , Daniel R. Kleinman , and Natalie R. Wengroff , Morgan, Lewis & Bockius LLP The U.S. Department of Labor (DOL) has released its final rule on the application of the...