Latest updates for Derivative Liability

Fresh curated links around Derivative Liability are collected here so marketers can spot useful updates and turn timely ideas into posts faster.

Recent items include:

  • Risk #10: Fiduciary Duties Revisited: Delaware Law and the Fund Manager’s Evolving Obligations
  • Texas Business Court Reinforces Standing Rules for LLC Derivative Lawsuits
  • HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)

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natlawreview.com /1 month ago

Risk #10: Fiduciary Duties Revisited: Delaware Law and the Fund Manager’s Evolving Obligations

A significant shift in Delaware law is reshaping how courts evaluate conflicted transactions involving controlling stockholders, including private fund managers that control portfo...

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natlawreview.com /1 month ago

Texas Business Court Reinforces Standing Rules for LLC Derivative Lawsuits

The Texas Business Court continues to reinforce and incorporate fundamental principles of Texas law in its ever-growing body of case law. In its recent decision in Michael D. Crain...

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natlawreview.com /1 month ago

HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)

A solvent debtor cannot have it both ways. That is the real lesson of In re The Hertz Corporation.[1] With the Supreme Court denying certiorari on January 12, 2026, the Third Circu...

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natlawreview.com /1 week ago

What’s in a Name? Successor Liability and Cal/OSHA Citations

As employers across California navigate an increasingly complex regulatory landscape, one issue keeps surfacing in California Division of Occupational Safety and Health (Cal/OSHA)...

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natlawreview.com /2 weeks ago

Self-Driving Vehicles: Liability Assignment in Crashes and Violations

The rise of self-driving cars1 has fundamentally disrupted traditional notions of fault in traffic incidents. Where once the actions of human drivers determined liability, today th...

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jdsupra.com /1 month ago

HERTZ After Cert Denial: Make-Wholes, Solvent Debtors, and the Reach of § 502(b)(2)

A solvent debtor cannot have it both ways. That is the real lesson of In re The Hertz Corporation. With the Supreme Court denying certiorari on January 12, 2026, the Third Circuit’...

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natlawreview.com /1 month ago

Massachusetts PFMLA and the Scope of Employer-Only Liability

In a ruling that provides important early guidance on the reach of the Massachusetts Paid Family and Medical Leave Act (PFMLA), a Suffolk Superior Court judge in the Business Litig...

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jdsupra.com /3 days ago

A Wrong in Search of a Remedy: Promissory Estoppel

Peter Sluka wrote a month ago about Matter of Lin v Sun ___ AD3d ___ (2026 NY Slip Op 02065 [1st Dept Apr. 7, 2026]). In Lin, the First Department unanimously rejected a petitioner...

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jdsupra.com /3 days ago

Chancery Holds Funds Aided and Abetted Portco Directors’ Fiduciary Breaches in Preferred Stock Financing Offered to All...

In Guilbeau v. Footprint (May 11, 2026), the Court of Chancery held, at the pleading stage of litigation, that it was reasonable to infer that certain directors of Footprint Intern...

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firelawblog.com /1 month ago

FDIC: What is our biggest liability?

Here is the handout with the data from my FDIC presentation: What is our biggest liability?

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jdsupra.com /1 month ago

Federal Court Grants Summary Judgment in ESOP Releveraging Case, Rejecting Novel Dilution Theory

Key Takeaways - A federal district court in Arkansas granted summary judgment in favor of an ESOP sponsor, its board and the ESOP trustee, rejecting claims that a two-step relevera...

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jdsupra.com /3 days ago

Misrepresentations of the Next Degree: Expanding Broker Liability After Penn Outdoor

Services v. Harleyville Insurance Co. There has been a noticeable increase in claims against insurance brokers over recent years, with plaintiffs beginning to frame coverage disput...

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natlawreview.com /1 month ago

Ground Stop for Shareholder Derivative Proceedings in Texas

A recent decision by a Texas federal court affirmed the validity of corporate bylaws requiring a minimum ownership threshold for shareholders to bring derivative actions. The March...

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natlawreview.com /1 month ago

Token Fraud Decision Sets Limits on Crypto Platform Liability

On March 2, 2026, the U.S. District Court for the Southern District of New York struck down another attempt by users of the decentralized crypto exchange, Uniswap Labs, to pin frau...

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jdsupra.com /1 month ago

Second Circuit Clarifies Scope of Liability for Securities Act Claims

In a matter of first impression, the Second Circuit recently affirmed the district court’s dismissal of Securities Act claims in Knapp v. Barclays PLC, No. 25-1631, 2026 WL 806009...

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natlawreview.com /1 week ago

SCOTUS Sides With Pension Fund in Withdrawal Liability Calculation Dispute

On May 21, 2026, the Supreme Court of the United States, resolving a circuit court split, ruled in favor of a multiemployer pension fund, finding that plan actuaries calculating wi...

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jdsupra.com /2 weeks ago

SPAC Litigation and Economic Damages Theory in the Delaware Courts

The rise of special purpose acquisition companies (SPACs) has led to a surge in shareholder litigation, particularly in the Delaware Court of Chancery. SPACs raise capital to take...

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natlawreview.com /1 month ago

Second Circuit Clarifies Scope of Liability for Securities Act Claims

In a matter of first impression, the Second Circuit recently affirmed the district court’s dismissal of Securities Act claims in Knapp v. Barclays PLC, No. 25-1631, 2026 WL 806009...

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jdsupra.com /1 month ago

UPC: No Liability For Holding Companies Without Active Participation In Patent Infringement

On February 12, 2026, the Düsseldorf Local Division (LD Düsseldorf) of the Unified Patent Court (UPC) granted a preliminary injunction against a number of group companies, includin...

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valawyersweekly.com /1 month ago

Sole LLC owner can be individually liable under VCPA

The Fairfax County Circuit Court ruled that a sole LLC owner can be individually liable for wrongful acts under the Virginia Consumer Protection Act. The post Sole LLC owner can be...

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natlawreview.com /2 weeks ago

New Jersey Court Enforces Broad Capacity Exclusion; Your Results May Differ

The New Jersey Supreme Court ruled in Mist Pharmaceuticals, LLC v. Berkley Insurance Company that a D&O insurer did not forfeit its right to rely on a capacity exclusion after...

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jdsupra.com /1 month ago

Sleeping on Your Stock: A $25 Million Lesson

A recent March 20, 2026 letter decision from the Delaware Court of Chancery in Gary T. Turner v. Lam Research Corporation is a stark illustration of how unforgiving Delaware courts...

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Sources covering Derivative Liability

firelawblog.com

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valawyersweekly.com

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jdsupra.com

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natlawreview.com

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