David B Hennes

December 22, 2020 | New York Law Journal

In recent years, Delaware courts, leaders in the development of corporate law, have imposed a more stringent standard of review to director compensation when challenged by stockholders which has led to more such challenges by the plaintiffs' bar. This article discusses the increase in this type of litigation, recent case law, and practical advice for boards to mitigate the risk.

By David B. Hennes and Adam M. Harris

9 minute read

October 25, 2019 | New York Law Journal

Notwithstanding the fact that NDAs are commonplace in M&A transactions, breaches of NDAs are rarely litigated. Parties may be reluctant to make the dispute public and damages for breach of an NDA can be difficult to prove. Nonetheless, as the cases discussed herein demonstrate, "use" clauses can have collateral consequences if litigation does arise depending on other provisions in the NDA and how the transaction develops.

By David B. Hennes and Mary Zou

8 minute read

November 09, 2005 | New York Law Journal

Andrew T. Gardner and David B. Hennes, partners at Fried, Frank, Harris, Shriver & Jacobson, analyzes a recent victory for Bank of America after its landlord sought to oust the financial institution from its premises after a broker was charged with late trading.

By Andrew T. Gardner and David B. Hennes

17 minute read

October 18, 2010 | New York Law Journal

William M. McGuinness, Nick Cherryman and David B. Hennes of Fried, Frank, Harris, Shriver & Jacobson offer big-picture tips to help litigators manage their cases to achieve the best legal outcomes for their clients as well as lasting possible relationships.

By William M. McGuinness, Nick Cherryman and David B. Hennes

13 minute read

October 18, 2010 | Legaltech News

The past decade has ushered in new challenges in litigation case management, including the explosion in e-discovery and the increasing importance of cross-border cooperation. Fried Frank partners William McGuinness, Nick Cherryman and David Hennes provide 10 tips to get the best outcomes for trials.

By William M. McGuinness, Nick Cherryman and David B. Hennes

12 minute read

August 17, 2009 | New York Law Journal

Steven M. Witzel and David B. Hennes, partners of Fried, Frank, Harris, Shriver & Jacobson, write that until recently, the long-standing practice was to stay all discovery in civil enforcement actions during the pendency of parallel criminal proceedings. In a new trend, courts in the Eastern and Southern Districts have rejected government requests for blanket stays and have sharply questioned the historic rationales on which they were granted. Now that the landscape has shifted, parallel proceedings present numerous issues for counsel representing individual and corporate defendants. The analyses and balancing of equities set forth in recent decisions provide defense counsel and government lawyers, in both regulatory and private civil litigation that often arises in connection with parallel criminal proceedings, with direction and opportunities to tailor their respective strategies.

By Steven M. Witzel and David B. Hennes

16 minute read

August 15, 2011 | New York Law Journal

Fried, Frank, Harris, Shriver & Jacobson partner David B. Hennes reviews a recent holding that an Abercrombie & Fitch special litigation committee member's recusal from investigating any of the claims against the company president, a close friend, itself constituted an admission that the director was not independent, without consideration of whether the underlying facts created the perception or reality that he could not consider the claims in an unbiased fashion.

By David B. Hennes

13 minute read

October 20, 2010 | Texas Lawyer

The past decade has ushered in significant new challenges in litigation case management. These include: the explosion in electronic discovery, the increasing importance of cross-border cooperation in litigation and investigations, and the expectation that counsel will keep abreast of, and communicate to their clients, changes in relevant legal rules and precedent on a virtually real-time basis.

By William M. McGuinness, Nick Cherryman and David B. Hennes

12 minute read