Corporate Counsel | Commentary
By Mike Evers | June 6, 2022
Hiring in-house counsel in their 60s is no laughing matter. Unfortunately, it's rare. Most companies are only comfortable hiring older attorneys in project roles, often via a third-party staffing agency. For this month's column, I am going to lay out the business case for hiring an older attorney.
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | June 1, 2022
As ESG standards eventually become a requirement, rather than window dressing, corporate attorneys and firm leaders must provide counsel and implement internal policies that match investors and their clients' desires.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 1, 2022
Where two halves of a deadlocked board are competing in a proxy contest, can one half assert the corporation's privilege against the other?
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 25, 2022
A recent decision by the Delaware Court of Chancery highlights some of the perils employers face when attempting to enforce post-employment covenants, such as confidentiality and nonsolicit provisions.
Delaware Business Court Insider
By Ellen Bardash | May 16, 2022
Most likely to end up in the Chancery Court, lawyers said, are disputes over the property controlled by decentralized autonomous organizations. But future cases addressing issues of crypto as a security will be dealt with in venues like the Southern District of New York and Northern District of California.
The Legal Intelligencer | Commentary
By Edward T. Kang and Ryan T. Kirk | May 12, 2022
Because veil piercing is a highly fact-intensive inquiry, it can be difficult to predict in advance when a court will grant such a remedy. This is because, in addition to the multi-factor analysis that often goes into the decision of whether to pierce, there are also a variety of different forms that veil piercing can take.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi | May 11, 2022
A recent Delaware Supreme Court decision provides a lesson for drafters of agreements for the sale of a business by providing an example of the problems caused by a lack of clarity in describing a deadline to send notices of claims for indemnification post-closing.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | May 4, 2022
The U.S. Supreme Court, in a per curiam opinion in 2020, said that the federal courts may issue nunc pro tunc orders, or "now for then" orders, to reflect the reality of what had already occurred.
Corporate Counsel | Expert Opinion
By Ryan McConnell, Meagan Baker Thompson and Matthew Boyden | May 3, 2022
In a widely anticipated rule published March 21, the SEC is proposing to require listed companies to disclose climate-related financial risks and metrics to investors.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus and R. Eric Hacker | April 27, 2022
Under Section 212(e), a proxy may be made irrevocable "if it states that it is irrevocable and if, and only as long as, it is coupled with an interest sufficient in law to support an irrevocable power." But, once established, does an irrevocable proxy bind only the individual stockholder who granted the proxy, or does it also bind subsequent holders of the stock, too?
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