What is a Subpoena and How Do I Properly Respond to it?

Most people react in one of two ways when they receive a subpoena: they either ignore it, or they panic. Of these two responses, panicking is the better one because it at least prompts you to call your attorney. In her article, What is a Subpoena and How Do I Properly Respond to it?, Paige K. Zacharakis …

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U.S. Court of Appeals affirms jury verdict and judgment in favor of ITyX Solutions

On February 27, 2020, Morse litigator Scott Magee won an appeal in the U.S. Court of Appeals for the First Circuit on behalf of client ITyX Solutions AG. The Court of Appeals affirmed a jury verdict and $9.2 million judgment in favor of ITyX in a 28-page opinion. ITyX Solutions created and sells intelligent document recognition software. …

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Top 7 Tips for Handling Internal Investigations

By: Scott R. Magee All types of businesses occasionally run into situations where they need to undertake an internal investigation. Sometimes the need for an investigation is prompted by an inquiry from a governmental agency such as the Department of Justice, the Securities and Exchange Commission, or a state attorney general’s office. Sometimes the internal …

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What to Expect When You’re Expecting Litigation

By: Scott R. Magee It’s only natural that a business would rather spend its time growing, selling, and servicing its clients and customers than engaged in a legal battle. However, part of the cost of doing business is the risk of getting involved in a lawsuit. Most companies are not regularly engaged in litigation, so …

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5 Issues Regarding Disputes in Small Businesses, Family Businesses, or Close Corporations

Small businesses, family businesses, and close corporations are common and offer special opportunities to create and preserve value in a way that can be very personally meaningful. However, these businesses can also be fraught with issues of mismanagement, failure to follow controlling documents, or disappointed expectations. Pre-litigation advice is a key tool for avoiding or …

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Six MBBP Attorneys Selected for 2017 Super Lawyers / Rising Stars List

Super Lawyers, “a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement,” has named their selections for Super Lawyers and Rising Stars of 2017. The selection process involves peer nominations, independent research and peer evaluations. MBBP announces attorneys Peter Barnes-Brown, Scott Connolly,  John Hession, Joe Marrow, …

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NYSE’s Corporate Board Member Online Magazine Brings in MBBP’s Carl Barnes for Insights on D&O Liability

NYSE's publication, Corporate Board Member, has recently published an article, "Sidestepping D&O Liability". This piece brings to light the year 2015 as a record-breaking one for securities litigation against directors and officers, and how this trend is continuing into 2016. The level of whistleblower activity has significantly increased, as exemplified by the astonishing 119 filings …

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Attorneys’ Fee Request Denied in Context of Merger Litigation

On July 22nd, 2016, a Delaware Chancery Court judge denied a request for an award of attorneys' fees and expenses in connection with Keurig Green Mountain Inc. shareholder litigation. The judge, Chancellor Andrew G. Bouchard, has taken a strong position against granting significant fee awards in the context of disclosure-only settlements in shareholder litigation. For more …

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The Delaware Supreme Court Issues a Ruling In Long Running Dispute

The case which arose out of the failed license agreement and merger between Siga Technologies, Inc. (“SIGA”) and PharmAthene, Inc. (“PharmAthene”) in 2006 resulted in the Chancery Court issuing an order awarding damages to PharmAthene. Read more on our M&A blog.

MBBP’s John Tumilty Quoted on Fidelity Investments in NYT DealBook

On October 26, the New York Times Dealbook published an article on the administrative case filed against Fidelity Brokerage Service LLC by the Massachusetts secretary of the commonwealth, William F. Galvin. The brokerage division of Fidelity Investments has been charged with "dishonest and unethical conduct" for allowing at least 13 unregistered investment advisers to make trades …

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