Category Archives: Client Alerts

Vitatech International, Inc. v. Sporn: Guidance on Contractual Liquidated Damages Provisions

A recent case from the California Court of Appeal highlights the importance of not running afoul of California’s ban on liquidated penalties. On September 29, 2017, in Vitatech International, Inc. v. Sporn, Appeal No. G053477, the Court of Appeal, Fourth …
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LMPERS v. Wynn: The Ninth Circuit Clarifies When a Demand Futility Excuse Is Unavailable to Shareholders in a Derivative Action

On July 18, 2016, the United States Court of Appeals for the Ninth Circuit issued a decision in Louisiana Municipal Police Employees’ Retirement System (LMPERS) v. Wynn, Case No. 10-56187, affirming the United States District Court for the District of …
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