Delaware Business Court Insider | News
By Tom McParland | September 11, 2018
The Tesla Inc. board defended what its lawyers termed Elon Musk's "unusual and audacious" pay package in a motion last week to dismiss a derivative challenge to a compensation scheme that could make the electric car manufacturer's CEO one of the most highly compensated public-company executives in the world.
Delaware Business Court Insider | News
By Tom McParland | September 10, 2018
CBS Corp. has settled its Delaware Court of Chancery lawsuit against controlling stockholder National Amusements Inc., saying Monday that the company would put aside $120 million to pay former CEO Leslie Moonves, pending the outcome of an investigation into allegations that he had sexually harassed women during his time at the network.
By Michael Booth | September 10, 2018
"Attorneys are not guarantors of a successful outcome," said Appellate Division Judges Michael Haas and Garry Rothstadt.
Delaware Business Court Insider | News
By Tom McParland | September 7, 2018
According to a new lawsuit, Papa John's CEO launched a "false and defamatory campaign" accusing a chairman of racism to save his own job.
New York Law Journal | Analysis
By Michael Hoenig | September 7, 2018
In his column on Complex Litigation, Michael Hoenig encourages use of the protective order: a flexible device that harmonizes the demanding party's need for access with the producing party's competing right to privacy.
The Legal Intelligencer | Commentary
By Paola Pearson | September 7, 2018
If you have never litigated a case with a foreign corporation as a named party, you may be surprised to learn that the Federal Rules of Civil Procedure do little to assuage the language barriers you are likely to encounter along the way.
Delaware Business Court Insider | News
By Tom McParland | September 6, 2018
Minority investors in Oxbow Carbon, fresh off a major Delaware Court of Chancery victory, are now investigating up to $50 million in payments Oxbow made to founder and CEO William Koch's attorneys at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo.
The Legal Intelligencer | Commentary
By Edward T. Kang and Tianna K. Kalogerakis | September 6, 2018
Despite the plaintiff-friendly pleading standards for securities fraud outlined by the Supreme Court in Merck & Co. v. Reynolds, 130 S. Ct. 1784 (2010), out-of-state investors need to be particularly vigilant in pursuing fraud-related common law claims in New York, being careful not to become blocked by the borrowing statute.
The Legal Intelligencer | Analysis
By Scott Flaherty | September 6, 2018
A pair of recent lawsuits, including one pitting two local law firms against each other, indicate fierce competition among certain types of firms that invest heavily in marketing efforts—and they illustrate how that competition is playing out in a modern, digital age.
New York Law Journal | Expert Opinion
By Joseph Lipari and Aaron S. Gaynor | September 6, 2018
It is common for groups of affiliate companies to record transactions within the group by "book entry" rather than actual transfers of cash. It is also common for one member of an affiliate group to undertake an activity that benefits all of the members of the group without necessarily passing on the cost of such activity.
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