Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 13, 2023
Parties in business transactions sometimes decide by contract that disputes relating to or arising out of their contractual relationship shall be resolved by arbitration. If and when a dispute arises, a threshold issue is whether the dispute is covered by arbitration and if so, whether any aspect may be resolved by a court.
By Chris O'Malley | December 12, 2023
Andowah Newton alleges the luxury goods maker turned on her after she testified before Congress in favor of legislation that bans forced arbitration of sexual harassment claims.
The Legal Intelligencer | Commentary
By Patricia Elias | December 12, 2023
As an industry that focuses on the review, processing and creation of data and content, the legal sector is naturally positioned to benefit directly from the use of AI. However, these opportunities are countered by challenges surrounding the handling of information and data.
Delaware Business Court Insider | News
By Ellen Bardash | December 11, 2023
Over time, the Delaware courts have started to apply the MFW test to other types of transactions, an expansion attorneys call "MFW creep."
Corporate Counsel | Expert Opinion
By Gary Giampetruzzi, Drew Meyer and Jon Mehta | December 8, 2023
Emerging from the COVID-19 pandemic, we are entering a world that is more digital and flexible than ever before. Companies have operationalized remote-working arrangements, and in this environment, companies will need to develop internal investigation protocols to improve their detection capabilities for fraud and illicit conduct.
Delaware Business Court Insider | News
By Ellen Bardash | December 7, 2023
More than a year after trial, there's still no Court of Chancery ruling on whether Tesla's compensation plan for Musk, valued at $56 billion, was fair to shareholders and properly vetted by Tesla's directors.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino and Philip D. Amoa | December 6, 2023
In Braga, an investor sought to rescind an agreement and recoup its investment based on a fraudulent inducement theory after the investor's relationship with the deal sponsor turned sour. The Delaware Court of Chancery refused to undo the transaction and the investor was left with several expensive lessons in deal making.
Corporate Counsel | Expert Opinion
By Carrie Cohen, Brian Michael and Christine Wong | December 4, 2023
The ability to conduct an effective internal investigation and at the same time satisfactorily respond to different stakeholders, while also preserving privilege when appropriate, is more difficult and multi-faceted than ever before. In this article, we provide strategies to help companies navigate these complexities.
Daily Report Online | Commentary|Expert Opinion
By Shari L. Klevens and Alanna Clair | December 4, 2023
The CTA's effective date, Jan. 1, is fast approaching. Thus, lawyers and law firms should prepare by considering not only the reporting obligations of their clients, but also whether they have any newly imposed obligations themselves.
By Marc L. Greenwald & Leigha Empson | November 29, 2023
Marc Greewald and Leigha Empson discuss how Congress should amend the diversity statute so that citizenship of LLCs for the purposes of diversity jurisdiction would be determined by the LLC's principal place of business and the state under whose laws it is organized, not by the citizenship of each of its members.
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