By Judy Selby, Judy Selby Consulting | November 30, 2017
The NACD's recently released Public Company Governance Survey contains both troubling and encouraging findings concerning the current state cybersecurity risk readiness.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | November 29, 2017
Corporate Governance columnists David A. Katz and Laura A. McIntosh write: Staff Legal Bulletin 14I should be a valuable tool for companies to minimize unnecessary costs of the shareholder proposal process while still ensuring that a worthwhile proposals will be presented for shareholder consideration. While further reform of the 14a-8 regime is necessary, SLB 14I is an important development in the right direction.
Delaware Business Court Insider | Commentary
By John A. Neuwirth, Joshua S. Amsel, Christine T. Di Guglielmo and Evert J. Christensen Jr. | November 29, 2017
Since 'Trulia', there has been a decline in Delaware in the number of run-of-the-mill challenges to nearly every public company merger transaction. But while the volume of merger litigation in Delaware has been on the decline, there has been a noticeable surge in filings in other jurisdictions, particularly federal courts.
Corporate Counsel | Expert Opinion
By Adam Rosenthal | November 29, 2017
The late U.S. Sen. Daniel Patrick Moynihan often reminded his Senate colleagues that “everyone is entitled to his own opinions, but not his own facts.” Had Sen. Moynihan been a trial attorney, his mantra would have likely been, “in litigation, attorneys are entitled to rely on their own reading of the facts, but the only opinions that actually mater are those of the judge and jury.”
Delaware Business Court Insider | News
By Tom McParland | November 28, 2017
The Delaware Supreme Court on Monday upheld the dismissal of derivative litigation against the directors of a health care technology company in a case…
By Roy Strom | November 28, 2017
The global legal giant is now among a throng of law firms offering free legal documents for startups, joining a broader trend of using document automation tools to attract clients.
Corporate Counsel | Expert Opinion
By Adam Rosenthal | November 28, 2017
If after two months into a new case outside counsel is unable to clearly articulate a thoughtful, unique, and convincing litigation story about the case, you should find a new attorney. Successful trial lawyers are master storytellers.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | November 22, 2017
A cardinal principle of Delaware law is that directors manage the business and affairs of a Delaware corporation. This includes decisions regarding whether to pursue claims against officers and directors whose breach of duty may have injured the company.
Delaware Business Court Insider | Commentary
By Pamela L. Millard | November 22, 2017
On June 28, 2017, the Delaware Supreme Court reversed the Court of Chancery's prior ruling in Chicago Bridge & Iron v. Westinghouse Electric, 2016 WL 7048031 (Del. Ch. Dec. 5, 2016), rev'd, 2017 WL 2774563 (Del. June 28), holding that an independent auditor appointed to resolve purchase price adjustment disputes relating to a sale transaction was not empowered to decide challenges to the seller's compliance with GAAP in connection with a post-closing true up of net working capital.
Delaware Business Court Insider | News
By Tom McParland | November 21, 2017
The custodian appointed to oversee the court-ordered sale of TransPerfect Global Inc. has told employees that Philip R. Shawe had reached an agreement to buy out the shares of rival Elizabeth Elting, an unexpected move that could resolve years of heated litigation over control of the profitable translation-services company.
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