Posts Tagged ‘Ashwini Jayaratnam’
Litigating Arbitration Awards: Federal Courts Decline to Punch the Jurisdictional Ticket
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate courts have further chipped at the contours of their subject matter jurisdiction, essentially delegating enforcement of arbitral awards to the states.…
Read MoreFlorida State and Clemson vs. the ACC: Is There a Way Out for Both?
Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the conference. As we wrote last December, FSU and the ACC kicked off the holiday season with reciprocal lawsuits concerning…
Read MoreFlorida State’s Way Out of ACC? Exit Penalties Could Be Ruled Unenforceable
Last summer, we wrote about the Atlantic Coast Conference’s (“ACC”) “ironclad” Grant of Rights agreement being the only document keeping top schools from leaving for either the Big Ten or Southeastern Conference (SEC), conferences that distribute considerably higher revenues to their members. The Grant of Rights had been successful in preventing such exits because of…
Read MoreBuyouts of Closely Held Shares: All’s Fair Value in Love and War
Deadlock, majority oppression, or usurpation of corporate opportunities are all well-tread grounds for disputes between co-owners of closely held entities. These disputes often culminate in one shareholder buying out the other as an alternative to dissolution or a freeze-out merger. In such instances, ascertaining the value at which that co-owner’s shares must be purchased can…
Read MoreDiversity Driven Derivative Suits: Culture Wars Come to the Boardroom
Traditionally deployed to protect a corporation from its board’s imprudent investment or financial decision-making, in recent years shareholders have taken to bringing derivative actions on a corporation’s behalf for its board’s alleged failure to pay more than lip service to the diversity, equity and inclusion (“DEI”) commitments the company publicly proclaims. Spurred in 2020 in…
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