Category Archives: Corporate Law

Climate change risk is serious business – are you doing your due diligence?

It’s been a hot summer. Cities around the world have experienced record-breaking temperatures and heat waves are now being recorded all over the world. In Eastern Canada alone, there have been nearly 100 heat warnings. In Oman, the town of Quriyat registered the highest minimum temperature in the world in June this year: 42.6 degrees for nearly 51 hours. Bushfires have devastated California, reached the Arctic Circle in Sweden, and at the time of writing, are being battled in in northern Ontario. Climate change is associated with an increased frequency of extreme weather events and the impact on business is obvious, ranging from physical damage to buildings, products, supplies and equipment to reputational risk. Extreme weather events can also halt manufacturing or prevent employees from getting to work, and businesses affected by droughts or pollution can experience water shortages or the lack of drinking water or food, or be more generally impacted by a reduction in….. To continue reading this legal news please click Read full information...

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Dismissal Motion Denied in ExxonMobil Climate Change-Related Securities Suit

As I noted when it was filed in 2016, the securities class action lawsuit investors filed against ExxonMobil and certain of its executives represented something of a milestone as it was the first securities class action lawsuit of which I am aware based on climate change-related allegations. In an August 14, 2018 opinion, Northern District of Texas Judge Ed Kinkeade largely denied the defendants motion to dismiss. The opinion contains a number of interesting features, including in particular in its discussion of the plaintiff’s climate change related allegations. Judge Kindeade’s opinion can be found here.   Background In November 2016, investors filed a securities class action lawsuit in the Northern District of Texas against Exxon alleging that the company the company had failed to adjust or delayed the adjustment of the “proved reserves” the company carried on its balance sheets. The plaintiff alleged that the proved reserves should have been….. To continue reading this legal news please click Read full information...

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Multi-Generational Homes: A Checklist

Multi-generational living arrangements are on the rise, and for good reason. Growing numbers of aging parents are seeking both comfortable surroundings and affordable care by sharing space with family members. Millennials are moving back into their parents’ home until they acquire sufficient income to live independently. And in some cases multi-generational households are being created merely because family members are discovering that they can purchase a larger, more desirable residence by pooling financial resources with relatives. In its 2018 Home Buyer and Seller Generational Trends Report, the National Association of Realtors reported that one in five homebuyers between the ages of 53 and 62 purchased a home during the prior year that suited for more than one generation of family members. NAR also found that significantly older home buyers — persons age 72 to 92 — purchased 17 percent of all multi-generational homes sold that year. No longer stigmatized,….. To continue reading this legal news please click Read full information...

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Ninth Circuit Decries Consideration of Extraneous Matter, Reverses Securities Suit Dismissal

The motion to dismiss phase is a critical stage in the life cycle of a securities class action lawsuit. If a case survives the dismissal motion, it likely will move toward settlement, as so few cases actually go to trial. The motion to dismiss in intended to test the sufficiency of the allegations in the plaintiff’s complaint. According to the rules, the court’s inquiry should be limited to the matter within the complaint. However, over time, rules have developed permitting courts to consider matter from outside the complaint, pursuant to the doctrines of judicial notice and incorporation by reference.   In a detailed August 13, 2018 opinion in which it largely reversed the dismissal of securities class action lawsuit involving the developmental stage pharmaceutical company Orexigen Therapeutics, the Ninth Circuit noted a “concerning pattern in securities cases” in which “overuse” of the doctrines has resulted in improper dismissal of….. To continue reading this legal news please click Read full information...

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Turn Your Job Interview Into A Job Offer

How do you get a job offer in this booming in-house counsel jobs market? A variety of factors determines who comes out on top, and you need to prepare for your interview. “There are a lot of factors that go into choosing the final candidate…It’s not just about experience or qualifications, but how you present yourself as a whole package. Personality, culture fit, and a host of other factors help hiring managers narrow down a list of hundreds to just one. While qualifications and experience play a big role in the initial selection, the interview is meant for the new company to get to really know who you are as an employee. To successfully turn your interview into a job offer, keep these four points in mind…” Read: How to Turn Your Job Interview Into A Job Offer at Forbes.. To continue reading this legal news please click Read full information...

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