Mark D Harris

July 28, 2023 | New York Law Journal

Delaware Chancery Court dismisses shareholder derivative suit challenging Block's acquisition of TIDAL—a music streaming company associated with Jay-Z—for failing to adequately plead demand futility.

By Margaret A. Dale and Mark D. Harris

7 minute read

March 15, 2023 | New York Law Journal

In a recent decision by Vice Chancellor J. Travis Laster of the Delaware Court of Chancery, the former is called the "Red-Flags Theory" of liability, as set forth in In re Caremark International Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996), while the latter is called the "Massey Theory" of In re Massey Energy, 2011 WL 2176479 (Del. Ch. May 31, 2011

By Margaret A. Dale and Mark D. Harris

7 minute read

December 13, 2022 | New York Law Journal

There is no doubt that cyber attacks are here to stay and that companies will continue to face lawsuits as a result of being hacked. Although consumer and shareholder class actions have traditionally been the focus of the plaintiffs' bar in this area, derivative lawsuits are on the rise.

By Margaret A. Dale and Mark D. Harris

7 minute read

August 30, 2022 | New York Law Journal

A recent decision from the U.S. Court of Appeals for the Second Circuit has at least temporarily stifled the potential expansion of "scheme liability" under the federal securities laws.

By Margaret A. Dale and Mark D. Harris

7 minute read

July 06, 2022 | New York Law Journal

A recent decision held the SEC's administrative-enforcement regime to be unconstitutional in no fewer than three distinct ways, effectively hobbling the agency's use of ALJs, along with all their attendant advantages.

By Margaret A. Dale and Mark D. Harris

7 minute read

April 15, 2022 | New York Law Journal

In Delaware, New York and California—three popular choices for forum clauses in acquisition agreements—the common law differs.

By Mark D. Harris and Margaret A. Dale

7 minute read

December 29, 2021 | New York Law Journal

In their Securities and Corporate Litigation column, Mark Harris and Margaret Dale discuss the legislation that New York is poised to enact providing that any corporation, business association, limited liability company, or limited partnership registered to do business in New York has, by registering, consented to the general jurisdiction of New York courts.

By Mark D. Harris and Margaret A. Dale

7 minute read

October 25, 2021 | New York Law Journal

The move exemplifies an increased focus by the SEC on preventing insider trading by corporate executives.

By Margaret A. Dale and Mark D. Harris

6 minute read

June 16, 2021 | New York Law Journal

In their Securities and Corporate Litigation column, Mark D. Harris and Margaret A. Dale discuss the recent decision in 'Securities Exchange Commission v. Morrone', in which the First Circuit joined the Second, Third and Ninth Circuits in holding that transactions qualify as domestic depending on the location of the buyer or seller when they become irrevocably liable to receive or deliver the security.

By Mark D. Harris and Margaret A. Dale

8 minute read

February 16, 2021 | New York Law Journal

In December, the Delaware Supreme Court issued an opinion in 'Amerisourcebergen Corp. v. Lebanon Cnty. Emps.' Ret. Fund'. In their Securities and Corporate Litigation column, Margaret A. Dale and Mark D. Harris discuss the decision, which continues the trend of granting broad inspection rights to stockholders seeking materials pursuant to §220 of the Delaware General Corporation Law and likely will affect companies responding to broad stockholder books-and-records demands.

By Margaret A. Dale and Mark D. Harris

7 minute read