Corporate « South Carolina Lawyers Weekly

Corporate – Limited Liability Company – Tort/Negligence – Personal Liability – First Impression

By S.C. Lawyers Weekly staff
Published: April 4,2012

16 Jade Street, LLC v. R. Design Construction Co. Even though S.C. Code Ann. § 33-44-303 appears to insulate a member of a limited liability company from personal liability for his own torts, the General Assembly did not intend to enact such a sweeping liability shield.

Corporate – Tort/Negligence – Fraud — Investor – Individual Lawsuit – Derivative Shareholder Claim

By S.C. Lawyers Weekly staff
Published: December 27,2011

Rivers v. Wachovia Corp. An investor who suffered losses in 2007 when his 100,000 shares of Wachovia stock plunged from $56.65 per share price to below $1 cannot bring an individual suit based on defendant corporate officers’ alleged fraud about Wachovia’s financial health; the 4th Circuit says the investor does not qualify for any exception to the general rule that plaintiff must use a derivative shareholder claim for injuries to the corporation.

Corporate – Limited Liability Company – Tort/Negligence – Personal Liability – First Impression

Corporate – Tort/Negligence – Fraud — Investor – Individual Lawsuit – Derivative Shareholder Claim

Corporate – Dissolution – Accounting – Accounts Payable to Shareholders – Financial Statements – Timber Corporation

Corporate – Valuation – Income Approach – Excessive Salaries – Failure to Consider

Corporate – Securities Fraud – 'Market Timing' – Prospectus Statements

Corporate – Corporate Opportunities – Misappropriation Allegation – Profit Distributions

Corporate – Real Property Development – Sale Proceeds – Expenses – Evidence Ruling – Interest & Attorney's Fees

Corporate – LLC Dissolution – Improper Valuation -Damages

Corporations – Nonprofit — Improper Conduct — Board Members — Expert Witness

Corporate – SOX Whisteblower Claim — Fraud — Billing Discrepancy