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SHAREHOLDER DISPUTES

The defense and prosecution of shareholder rights and corporate governance business disputes, including shareholders’ derivative actions, often present "bet the business" events for closely held businesses and their owners.

Moss & Barnett attorneys are experienced and skilled in advising clients on their legal rights and obligations, and have successfully vindicated their clients’ interests in these matters.

Our attorneys have handled all aspects of shareholder litigation, including corporate governance disputes, shareholder rights litigation and valuation disputes.

In successfully resolving these matters, Moss & Barnett litigators call upon their extensive industry-specific knowledge, as well as the expertise of lawyers from across our many practice areas, including:

  • Employment law
  • Corporate finance
  • Tax
  • Securities
  • Intellectual property

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Benefits and Compensation

[04/05]

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Employment Practices

[01/24] Job bias claims at record level
[01/11] Pepsi Beverages pays $3.1M in racial bias case

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Case Summaries

ERISA

[02/01] Muto v. CBS Corp.
In a putative class action complaint brought in New York by Pennsylvania residents against the plaintiffs' former employer and the employer's pension plan for benefits alleged to be due under ERISA, the district court's dismissal of the complaint as time-barred is affirmed, where: 1) the district court was correct in applying New York's borrowing statute directing it to look to Pennsylvania law for the applicable statute of limitations; and 2) plaintiffs' claims were untimely under Pennsylvania law.

[01/26] The DIRECTV Group, Inc. v. US
In a case involving the calculation and payment of segment closing adjustments associated with a corporation's sale of certain business units that included the transfer of defined benefit pension plans, the decision of the United States Court of Federal Claims granting summary judgment in favor of the corporation is affirmed, where: 1) the Claims Court did not err by calculating segment closing adjustments based on the assets and liabilities of the entire segment, rather than only the assets and liabilities that the corporation retained; and 2) the Claims Court correctly determined that the corporation's segment closing obligations could be satisfied by the cost savings realized by the government in the successor contracts.

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Workers' Comp

[01/11] Pacific Operators Offshore, LLP v. Valladolid
In an appeal from a judgment of the appeals court vacating an administrative dismissal of respondent's Outer Continental Shelf Lands Act (OCSLA) claim for benefits as a surviving spouse, judgment is affirmed where a claimant seeking benefits under the OCSLA must establish a substantial nexus between the injury and extractive operations on the shelf.

[12/13] In the Matter of Elrac, Inc. v. Exum
In an appeal from a judgment of the appellate division permitting arbitration of a claim by plaintiff-employee for uninsured motorist benefits, judgment is affirmed because a self-insured employer whose employee is involved in an automobile accident may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers' Compensation Law.

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