The Legal Intelligencer | Commentary
By Geneva Campbell Brown and Stephanie J. Oppenheim | July 21, 2020
While offices begin to loosen restrictions around the country, questions about the nature of the post-pandemic workplace bubble to the surface.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | July 15, 2020
The case is significant for articulating the standard applicable to evaluating director disclosure to fellow directors and what facts are necessary to plead that the business judgment rule does not apply when the plaintiff attacks the interest of only one officer and director.
Daily Business Review | Commentary
By Andrew L. Burnstine and Perry F. Sofferman | July 10, 2020
Whether parties are moving forward with their agreements, placing them on the backburner until the markets stabilize, or initiating deals during the COVID-19 pandemic, both parties should prudently review deal terms and contemplate what must be revised to properly account both for the existing crisis and for the possibility of similar epidemics or pandemics in the future.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | July 8, 2020
The Delaware Court of Chancery recently held that a party waived attorney-client privilege by producing documents to a federal commission during the course of an investigation without requiring the commission to sign a confidentiality agreement first.
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | July 7, 2020
When running a game, the participants are not the only ones beholden to rules. Attorneys versed in this field of law know that in order to create a successful sweepstakes or contest, the business hosting such a game has the burden of ensuring all rules of the game are clear and it does not run afoul of any local, state or federal gaming laws.
By Erica Opitz | July 6, 2020
Certain assets are vital to remain in compliance with applicable laws. Can the business continue to provide its products and services without the use of such assets in accordance with applicable laws?
The Legal Intelligencer | Commentary
By Edward T. Kang | July 2, 2020
While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | July 1, 2020
Delaware's borrowing statute provides that a suit to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.
Texas Lawyer | Analysis|Best Practices|Commentary|Expert Opinion|Q&A
By Kenneth Artz | June 29, 2020
Texas Lawyer spoke recently with Ostolaza about what boards and board members can do to manage litigation risk while the COVID-19 pandemic is still active.
Corporate Counsel | Event|Investigation
By Frank Ready | June 24, 2020
McDermott Will & Emery hosted a webinar Wednesday that examined the challenges that corporate legal departments are facing when trying to conduct internal investigations in the midst of a pandemic and a surge in remote working.
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