Save-the-Date!
2019 Spring Investment Forum |
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April 4 & 5, 2019
Four Seasons Hotel - Chicago
Chicago, IL 60611
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Lincoln Financial Group
Hancock Natural Resource Group
State Farm
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ACIC Private Notes March
2019
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Welcome to the March 2019 issue of the ACIC Private Notes!
This edition brings you:
- The Annual ACIC Committee Updates, courtesy of Mikhel Schecter (Paul Weiss)
- An interview with Cathy Jo ("CJ") Marchain, the Co-Account Executive of Madeleine Crouch & Co., Inc., contributed by Melody Cross (Schiff Hardin)
- Recent case law summaries from New England prepared by Kevin Braun (Morgan Lewis) and the Southern Region prepared by Jeff Dutson (King & Spalding)
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Are you curious about what the ACIC Committees do, or want to get involved in one?
Click here for an overview of the purpose and goals of each of the College's committees, including some of their recent initiatives and what is on the horizon in the months to come!
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| Getting to Know Madeleine Crouch & Co., Inc. Account Executive, Cathy Jo Marchain |
If you have ever wondered about the familiar, smiling face who you always see behind the registration desk at the ACIC conferences, then this article is for you!
Click here to learn more about the MCC Account Executive, CJ Marchain, and her hard-working team.
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Recent Case Law Summaries
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New England
In
News
People's United Bank v. B & B Fire Protection, Inc., the
court held that a guaranty executed with apparent, but not actual, authority was enforceable in a situation when the guarantor's owner failed to repudiate the guaranty upon learning of it, and instead drained the guarantor's assets. Click here to learn more.
In Besaw, Trustee of Revocable Living Trust of Ernest P. Giroux v. Giroux, the court held that a
promissory note holder's right to sue for the return of collateral accrued, and the statute of limitations period began to run, not on the initial failure to pay but when the borrower failed to cure the default within 45 days of notice of default, in a situation where the promissory note required such notice and cure period expiry as a condition of note holder's right to sue on the promissory note. Click here to learn more.
Southern Region
In
Nationwide Mutual Insurance
Company v. Eagle Window & Door, Inc.,
the South Carolina Supreme Court reversed a court of appeal decision relating to successor liability of a bankruptcy purchaser in a contribution action and found that officer, director and shareholder continuity are required for a "mere continuation" analysis with commonality of officers, standing alone, not rendering liability.
Click here
to learn more.
In Guarantee Co. of N. Am. v. Gary's Grading & Pipeline Co.
, the Eleventh Circuit Court of Appeals affirmed the district court's decision that a co-manager had apparent authority to bind a LLC to bond indemnification agreement under the Georgia Limited liability Company Act.
Click here
to learn more.
In Sweely Holdings, LLC,
the Virginia Supreme Court held that where a bank explicitly preserves its right to foreclosure in a forbearance agreement, the bank has a right to foreclose on property despite having other remedial options available to it under the forbearance agreement.Click here to learn more.
Under Conroy v. Amos, Georgia law warrants the dismissal of derivative claims if a corporation's decision not to pursue the claims is based upon a recommendation from an independent and disinterested committee and a reasonable and good faith investigation. Click here to learn more.
In Mitchell v. K&B Fabricators, Inc., the court held that a corporate officer and director usurped the corporate opportunity of a supplier corporation in which he was also a director by choosing to in-source services previously provided by the supplier, and that the proper remedy was to impose a constructive trust on profits attributable to the insourcing. Click here to learn more.
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The 2019 Spring Investment Forum, "The First Annual Golden Gavels", is less than a month away! Early bird rates are still available until March 15th.
Please check back at
this link
frequently for updates. We look forward to seeing you in Chicago on April 4th and 5th.
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