September 04, 2023 | The Recorder
Challenges to Corporate Decision-Making in the Face of Increasingly Polarized Responses to ESG InitiativesA wave of "conservative" political lawsuits and advocacy campaigns seeking to advance "anti-ESG" or "anti-woke" themes have resulted in certain companies de-emphasizing disclosure of their ESG initiatives, according to Simpson Thacher & Bartlett's Stephen Blake and Sareen Armani.
By Stephen Blake and Sareen Armani
9 minute read
June 16, 2023 | The Recorder
Inside the 'Circle of Confidentiality': Protecting Privilege in Transactional Stockholder DisputesCorporate counsel must think careful about the rules of privilege and take proactive steps to ensure that proper protections are in place to avoid after-the-fact surprises, according to Simpson Thacher & Bartlett's Stephen Blake and Marissa Lambert.
By Stephen Blake and Marissa Lambert
8 minute read
March 09, 2023 | The Recorder
Burgeoning 'Caremark' Claims Likely to Drive Stockholder DemandsThere has been a noticeable increase in the frequency of Caremark claims over the past four years, and this trend carries significant implications for companies' design of their oversight structures, as well as for the potential liability of directors and officers, according to Stephen Blake and Jordan Lamothe of Simpson Thacher & Bartlett.
By Stephen Blake and Jordan Lamothe
13 minute read
December 09, 2022 | The Recorder
Taking Stock of Recent ESG Regulatory and Shareholder Litigation DevelopmentsCorporate boards have recently been confronting increasing interest in ESG initiatives from investors and securities regulators.
By Stephen Blake
10 minute read
September 29, 2021 | The Recorder
SPAC Action Met With Litigation and Regulatory ReactionConsistent with Newton's Third Law, the SPAC boom has seen an significant reaction from regulators, civil plaintiffs, academics and commentators of all stripes.
By Stephen Blake
9 minute read
June 04, 2021 | The Recorder
Taking Stock of COVID-19 Deal Break LitigationThe lawsuits as a result of a breakdown of deals during the pandemic elucidate the approaches taken by the courts and merger parties in resolving deal disputes arising from the extraordinary circumstances of the last year.
By Stephen Blake
8 minute read
March 02, 2021 | The Recorder
Along Came SPACs, and Then SPAC LitigationObservers anticipate a growing number of lawsuits related to SPACs over the next several years. These lawsuits will have many similarities to traditional securities and M&A litigation, but will also develop their own rubrics given the unique features of the SPAC model, says Stephen Blake of Simpson Thacher & Bartlett.
By Stephen Blake
9 minute read
November 17, 2020 | The Recorder
Fault Lines Between Delaware Corporate Law and California Public PolicyThis year, a number of decisions in both California and Delaware have traced the fault lines between the two states' approaches playing out across multiple areas of corporate law.
By Stephen Blake
10 minute read
August 14, 2020 | The Recorder
Taking Stock of Recent COVID-19 Shareholder LitigationThe continued widespread business uncertainty caused by COVID-19 and the associated higher market volatility provide a fertile environment for event-driven securities litigation, says Simpson Thacher & Bartlett's Stephen Blake.
By Stephen Blake
7 minute read
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