Written by attorneys · grounded in primary & secondary sources — see below
An act of taking part in an activity, proceeding, or transaction. The concept requires active involvement that contributes to the outcome or decision at issue.
Select any source to read its text and confirm it supports the definition.
Perry Pratt served as a director of Peak Performance when the board considered a contract with a company Pratt partly owned. The remaining qualified directors met separately, discussed the terms, and cast their votes without Pratt present or involved in any way. Because Pratt took no part in the deliberation or decision, the transaction received valid authorization under the statute.
Patricia Patel previously worked at a federal agency and learned confidential information about a regulated company. Her new firm accepted representation adverse to that company. The firm immediately isolated Patel from all files, meetings, and communications concerning the matter and gave her no share of any fees. Patel therefore took no part in the representation.
Prime Logistics, a trade association, sued a federal agency on behalf of its member carriers. The carriers would have standing individually, the suit advanced the association's core mission, and the requested relief required no testimony or other involvement from any individual carrier. The association therefore satisfied the test for standing.
A court enjoined Platinum Partners from selling certain software. Paula Pierce, who was not a party, knowingly assisted the company by hosting the software on her servers and processing customer payments. Because Pierce acted in active concert with the enjoined party, the injunction bound her as well.
Patriot Insurance scheduled its annual shareholders meeting and authorized remote participation for all classes of stock. The notice sent to shareholders described the video platform to be used, the record date, and the time and access instructions. Shareholders who joined through the remote system thereby took part in the meeting.
Parker Phillips represented two clients with separate claims against the same defendant. The defendant offered a single payment to settle both claims. Phillips presented the offer to the clients but did not obtain written informed consent from either before accepting the aggregate amount. Phillips therefore could not lawfully take part in finalizing the settlement.
A director's participation invalidates the action only if the director is not a qualified director and the remaining qualified directors fail to deliberate and vote outside that director's presence. The statute requires that qualified directors act without any participation by the interested director.
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The lawyer must be isolated from all files, meetings, and communications, and must receive no portion of fees generated by the matter. Timely screening and written notice to the government agency satisfy the rule.
…husband will participate in deciding the fate of his unborn child, a possibility that might otherwise have been denied him. This participation might in some cases result in a decision to proceed with the pregnancy. As Judge Alito observed in his dissent below, "[t]he Pennsylvania legislature could have rationally believed that…
…it enacts. The Constitution does not prohibit this device. The Framers did not intend to prohibit all forms of legislative
…— Mr. Justice Burton These common trusts are available only when the instruments creating the participating trusts permit participation
…State Constitution and legislature to preserve overall public access to the California coastline. Furthermore, by virtue of its participation
…corporation’s right to speak on issues of general public interest implies no comparable right in the quite different context of participation
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Associational standing fails when either the claim or the requested relief would require individual members to participate as parties or witnesses. If the suit can proceed on the basis of the organization's own evidence and the relief benefits members without individual adjudication, standing exists.
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Non-parties who are in active concert or participation with an enjoined party are bound. Active assistance that furthers the enjoined conduct satisfies the participation requirement.
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Yes. When the board authorizes remote communication, the meeting notice must describe the means of remote participation and the record date. Shareholders who use the authorized remote system thereby participate in the meeting.
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The lawyer must obtain each client's informed consent in a signed writing that discloses the existence and nature of all claims and the participation of each person in the settlement. Without that consent the lawyer may not take part in finalizing the aggregate settlement.
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