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08/03/2012|1 minute read

A Law360 article discussed a lawsuit filed by Simon Property Group Inc., represented by BakerHostetler Partner Brian Blair, against Timothy Herman, a principal in Image Marketing Group, and other defendants. The article (“Simon Property's Kickback Scheme Suit Gets Green Light,” August 3, 2012) reported that U.S. District Judge for the Middle District of Florida Gregory A. Presnell denied a request by Herman “to dismiss nine of 11 claims lodged against him” and “blasted Herman's contention that Simon Property bore a fiduciary responsibility for knowing about any invoices that its director signed off on, according to the order.” According to the article, Judge Presnell’s order stated, “Florida courts recognize an exception to the imputation rule where an individual is acting adversely to the corporation. In that situation, the individual’s knowledge and conduct are not imputed to the corporation.

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