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Articles by James Fee
Mass claims beyond the courtroom
When large groups suffer the same harm, for example through unlawful data processing, unfair consumer practices, corporate fraud or systemic employment breaches, individuals rarely have the time or resources to seek justice on their own. Unsurprisingly, therefore, collective litigation emerged as a practical response to the fundamental problem: how do individuals enforce rights that have caused significant collective harm?
Exxon ESG Proxy Statement Suit May Chill Investor Proposals
Partner Domenico Minerva and AssociateJames M. Fee are the authors of the article "Exxon ESG Proxy Statement Suit May Chill Investor Proposals" published by Law360. On January 21, Exxon Mobil Corp. filed a complaint in the U.S. District Court for Northern District of Texas, seeking to exclude a shareholder proposal from its 2024 proxy statement pursuant to Rule 14a-8 of the Securities Exchange Act.1 In this article, we first provide a brief background on the dispute.
Exxon ESG Proxy Statement Suit May Chill Investor Proposals
ADVERTISEMENT Don't want ads? Subscribe or login now. By Domenico Minerva and James Fee (February 14, 2024, 4:22 PM EST) -- On Jan. 21, Exxon Mobil Corp. filed a complaint in the U.S. District Court for Northern District of Texas, seeking to exclude a shareholder proposal from its 2024 proxy statement pursuant to Rule 14a-8 of the Securities Exchange Act.[1]... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Exxon ESG Proxy Statement Suit May Chill Investor Proposals
ADVERTISEMENT Don't want ads? Subscribe or login now. By Domenico Minerva and James Fee (February 14, 2024, 4:22 PM EST) -- On Jan. 21, Exxon Mobil Corp. filed a complaint in the U.S. District Court for Northern District of Texas, seeking to exclude a shareholder proposal from its 2024 proxy statement pursuant to Rule 14a-8 of the Securities Exchange Act.[1]... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
READER’S FORUM - Fairness Is at the Heart of Equal Membership Fees for All at Rye Golf Club
On November 8, without adequate notice, the two-tiered membership fees for Rye Golf Club appeared back on the agenda for the first City Council meeting after the people of Rye delivered a clear message on Election Day in favor of a pivot away from divisive faction politics towards good governance.
Enterprisewide physician advisor programs are key to improving costs and revenue cycle performance
Hospitals and health systems must maintain a constant focus on containing costs and ensuring revenue integrity if they are to remain financially viable. But their efforts in these areas are often impeded by front-line providers who do not recognize how their day-to-day actions could have a negative impact on the organization financially. The problem often lies with clinical documentation.
General Cigar Company, Inc. v. Empresa Cubana del Tabaco, D.B.A. Cubatabaco
February 20, 2023 Filing 4 Corporate Disclosure Statement by General Cigar Company, Inc.. (Fee, James) February 20, 2023 Filing 3 NOTICE by General Cigar Company, Inc. AO 120 Report On the Filing Or Determination of an Action Regarding a Trademark (Fee, James) February 20, 2023 Filing 2 Proposed Summons by General Cigar Company, Inc.. (Fee, James) February 20, 2023 Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8810416.), filed by General Cigar Company, Inc..
Improving ROI and reducing denials with mid-revenue cycle review
By James Fee The healthcare industry has had significant impacts from COVID-19. During the most recent wave, hospital ICU beds were one again full and many health systems were canceling elective surgeries. Revenue is down for many health systems and staff is stretched thin. According to a new Kaufman Hall analysis released by the American Hospital Association, hospitals are projected to lose $54 billion in net income this year.
Choosing a Geocoder in 2021
Geocoding is a subject most geospatial users have to deal with on a regular basis. It is often one of the first steps in analyzing a dataset. But rarely do we really think about the reasons why we choose one geocoder over another other than I know what I know, and I like what I like. But reflecting on this thought I realized that I have made some very poor decisions on picking geocoders over the years, and I am making a resolution in 2021 to not repeat this mistake.
Delaware Court Of Chancery Finds Director Breaches of Fiduciary Duty and Aiding and Abetting Liability for Activist Investor in Shareholder Class Action Suit | Cadwalader, Wickersham & Taft LLP - JDSupra
On October 16, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued a post-trial opinion in In re PLX Technology Inc. Stockholder Litigation, a dispute arising from the August 2014 merger between PLX Technology (“PLX” or the “Company”) and Avago Wireless (U.S.A.) Manufacturing Inc. (“Avago”), now known as Broadcom Inc.
Delaware Chancery Court Orders Venture Capital Firm To Increase Terminated LLC Member’s Payout In Post-Trial Opinion | JD Supra
On August 13, 2018, Vice Chancellor Travis Laster of the Delaware Court of Chancery ordered Domain Associates, LLC (“Plaintiffs,” “Domain,” or the “Firm”), a venture capital firm, to pay its former member, Nimesh Shah (“Defendant” or “Shah”), the fair value of his 12.1% member interest as of the date he was forced to withdraw from the LLC, potentially worth millions of dollars.
M&A Update: The Importance of a High-Quality Sales Process in Determining the Outcome of an Appraisal Proceeding | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Delaware Chancery Court Finds Absence of Controlling Stockholder Does Not Eliminate Possibility for Adequately Pled Corporate Overpayment Claims | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Delaware Chancery Court Finds Absence of Controlling Stockholder Does Not Eliminate Possibility for Adequately Pled Corporate Overpayment Claims
On July 26, 2018, Vice Chancellor Glasscock of the Delaware Court of Chancery denied in part and granted in part Defendants’ motion to dismiss in Sciabacucchi v. Charter Communications Corporation et al. We discussed the Court’s prior ruling in this action here. In brief, the action challenged certain transactions between Charter Communications, Inc.
Barnabas Clothing v Kabbage and the Bank Origination Model
A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los Angeles and recently removed to the federal court.1 Barnabas alleges violations of state usury, false advertising, and unfair competition laws, and asserts two federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act claims.
Delaware Chancery Court Finds Elon Musk May Be Controlling Stockholder of Tesla Motors | JD Supra
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Delaware Chancery Court Finds Elon Musk May Be Controlling Stockholder of Tesla Motors
On March 28, 2018, in In re Tesla Motors, Inc. Stockholder Litigation, the Delaware Court of Chancery denied a motion to dismiss a lawsuit brought by stockholders of Tesla Motors, Inc. (“Tesla” or the “Company”). The plaintiffs alleged that Tesla’s Board of Directors, along with its Chairman and CEO, Elon Musk, breached their fiduciary duties by approving the $2.6 billion acquisition of SolarCity, which allegedly benefitted SolarCity stockholders to the detriment of Tesla stockholders.
Marketplace Lending Update: Who’s My Lender? | JD Supra
Over the last several weeks, two notable cases in federal court challenging certain aspects of the business model of marketplace lending companies headed down separate paths. First, in an action brought against Kabbage, Inc.
Marketplace Lending Update #2: Another Rocky Mountain Remand | JD Supra
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Contracting Party Beware: The Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights
On February 1, 2018, the Delaware Court of Chancery granted defendants’ motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC (“Trumpet” or the “Company”). The defendants were other unitholders that collectively held a majority of the membership units in Trumpet and, under the governing operating agreement (“OA”), had the power to appoint four of the seven managers on the Trumpet board of directors. Vice Chancellor Glasscock’s decision, Christopher Miller et al. v.
Implied Covenant Risks
On February 1, 2018, the Delaware Court of Chancery granted defendants’ motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC (“Trumpet” or the “Company”). The defendants were other unitholders that collectively held a majority of the membership units in Trumpet and, under the governing operating agreement (“OA”), had the power to appoint four of the seven managers on the Trumpet board of directors. Vice Chancellor Glasscock’s decision, Christopher Miller et al. v.
Delaware Court of Chancery Extends Business Judgment Rule Deference to Controller Transactions Involving Third-Parties
On August 18, 2017, the Delaware Court of Chancery granted defendants’ motion to dismiss a class action brought by former minority stockholders of Martha Stewart Living Omnimedia, Inc. (“MSLO”) against Martha Stewart and Sequential Brands Group, Inc. (“Sequential”). In his opinion in In re Martha Stewart Living Omnimedia, Inc. Stockholder Litigation, C.A. No. 11202-VCS (Del. Ch. Aug.
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