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Delaware Superior Court Holds That SEC Disgorgement Is not Excluded as a Penalty nor Uninsurable as a Matter of Law
1+ mon, 3+ week ago (188+ words) In 2021, New York ruled SEC disgorgement isn’t an uninsurable penalty, and Delaware followed, holding it is covered by insurance unless explicitly labeled as a penalty. These rulings suggest disgorgement may often be insurable, depending on policy terms. In 2021, the New…...
Delaware Judge Tosses Biotech Exec.'s $700M Suit Over Failed IPO
2+ mon, 1+ week ago (279+ words) A Delaware judge dismissed a former Aurion Biotech executive's challenge to a stockholder's alleged takeover of the company, finding he failed to plausibly allege that defendants caused the abandonment of the planned IPO. A Delaware Chancery Court judge has dismissed…...
North Carolina's Litigation Funding Ban Could Spur Other States to Similar Action
2+ mon, 2+ week ago (264+ words) With near unanimous support in both chambers of the legislature, North Carolina has become the first U.S. state to essentially ban third-party litigation funding. Other states have taken less stances by requiring disclosure of funding agreements but not instituting outright prohibitions…...