Lori Marks Esterman

Lori Marks Esterman

May 23, 2024 | New York Law Journal

'Envy of the World': Equity Markets and the Compelling Need for Robust Disclosure Under Regulation S-K

An overview of why checks and balances of the courts, as well as SEC enforcement, are critical to maintaining disclosures that are needed to maintain the strength of the U.S. markets.

By John Moon and Lori Marks-Esterman

6 minute read

March 07, 2024 | New York Law Journal

Section 1782 is a Little-Known Superpower for Foreign Litigants

Litigants outside the U.S. are finding the use of 28 U.S.C. §1782 can be a secret weapon that leads to victory. Yet many don't recognize or realize the power the section provides. It can be used to provide documents and testimony from U.S. residents and corporations that often aid a case in a foreign court. However, a Section 1782 filing can be a complex process and even those who are aware of Section 1782 are unsure how to find success with its use. Lori Marks-Esterman of Olshan explains why they are used, some of the complexities involved and how they can help those outside the U.S. obtain information that may ultimately help lead to successful outcomes.

By Lori Marks-Esterman

5 minute read

October 13, 2022 | New York Law Journal

Equitable Review in the Delaware Court of Chancery: Revisiting 'Schnell,' 'Blasius' and the Court's Role as Equitable Gatekeeper To Protect the Stockholder Franchise

A string of recent Delaware decisions have reaffirmed the critical role the Delaware courts play in ensuring that corporate transactions are "twice-tested"—for both legal validity and equitable fairness. These holdings affirm that the demanding standards set forth in 'Schnell' and 'Blasius' are alive and well, particularly when it comes to director actions that burden or interfere with the stockholder franchise.

By Lori Marks-Esterman

8 minute read