Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Derek Dragotta | March 27, 2024
Data breaches are on the rise, as are the costs associated with them. AI is allowing bad actors to quickly shift tactics and generate more believable scams. There is a significant uptick in attempted fraudulent filings. This article presents various ways in which you can protect your organization, as well as your class, from these threats.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and TJ Rivera | March 27, 2024
"Fueled by hindsight bias," Vice Chancellor Lori W. Will explained, Caremark suits have "proliferated in Delaware" seeking to hold directors personally liable for imperfect efforts, operational struggles and business decisions. But, the court noted, a stockholder's position that the board's response to a corporate crisis merely "came too late and did too little" is insufficient under Caremark, which requires a showing that directors acted in bad faith.
Delaware Business Court Insider | News
By Ellen Bardash | March 21, 2024
ernstein Litowitz Berger & Grossman and Kessler Topaz Meltzer & Check are representing the plaintiff in the case, which brings Exchange Act claims against Chemours and several executives.
New York Law Journal | Expert Opinion
By Gail Weinstein, Philip Richter and Warren de Wied | March 21, 2024
This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
By Alex Anteau | March 20, 2024
"This is a novel issue that doesn't come up a lot in appellate law, so we're really pleased that the Court of Appeals saw it the way we saw it," said plaintiff-appellee counsel Render Freeman of Andersen Tate & Carr.
New York Law Journal | Analysis
By John Coffee | March 20, 2024
Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
Delaware Business Court Insider | News
By Ellen Bardash | March 19, 2024
The complaint is proving true a prediction made by Vice Chancellor Lori Will in a 2023 opinion anticipating shareholder suits over the corporate provisions.
By Chris O'Malley | March 19, 2024
"I think there is a point that they become so large that they encourage executives to take the deal, regardless of whether it is in the best interests of the shareholders," said Cindy Schipani, a professor of business law at the University of Michigan.
By Steve Quinlivan and Kelly Stout | March 18, 2024
A Delaware Court of Chancery decision to invalidate significant portions of a stockholder agreement could have a marked impact on public companies, impacting M&A activities such as joint ventures, settlements with activist investors and minority venture capital investments.
Delaware Business Court Insider | News
By Ellen Bardash | March 15, 2024
A motion to dismiss filed by the private equity firm's Debevoise & Plimpton attorneys argued a liquidation trustee for a soap and hair care product distributor didn't have standing to bring fraud claims and hadn't adequately pled them in the complaint.
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