The Legal Intelligencer | Commentary
By David G. Mandelbaum | November 10, 2022
Attention to ESG has become political. Some states with conservative administrations have taken steps to inhibit attention to ESG by, among other things, precluding investment of state employee pensions in certain funds or with certain fund managers who have increased their emphasis on ESG as an investment criterion.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 9, 2022
The distinction between legal and equitable fraud is not always clearly drawn, yet subject matter jurisdiction in the Delaware Court of Chancery can depend on it.
By Dan Roe | November 7, 2022
Five GOP senators wrote the leaders of 51 large ESG practices on Nov. 4 to threaten antitrust scrutiny over alleged "collusive action to restrict the supply of coal, oil, and gas."
Delaware Business Court Insider | News
By Ellen Bardash | November 7, 2022
Some lawyers are concerned by the impact on options shareholders would have when making breach of duty of care claims.
By Alaina Lancaster | November 4, 2022
"There are conversations happening now that I could not have imagined when I was growing up, and that's incredibly encouraging, and it's one of the reasons why I think this work is so important and why I take it so seriously," said Covington's Aaron Lewis, a finalist for the California Legal Awards' Attorney of the Year award.
Corporate Counsel | Expert Opinion
By Dave Curran | November 2, 2022
Given their 360-degree view of the company's operations, GCs can provide invaluable perspective on what is material; they also can help verify the data's validity, which is crucial for ensuring an accurate assessment. Consequently, it is important that GCs have a deep understanding of the ESG materiality assessment process and how to proceed with next steps.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino | November 2, 2022
In Samuels v. CCUR Holdings, C.A. No. 2021-0358-PAF (Del. Ch. May 31, 2022), the Delaware Court of Chancery found that a shareholder may challenge the fair value of a payment for a fractional interest in a company under Section 155(2) of the Delaware General Corporation Law (DGCL).
Corporate Counsel | Expert Opinion
By Harris Fischman | November 1, 2022
Greenwashing has appeared as an enforcement priority on the agenda of the SEC's Division of Examinations since March 2021. And on May 25, 2022, the SEC released for notice and comment two proposed rules aimed squarely at the practice.
Delaware Business Court Insider | News
By Ellen Bardash | October 31, 2022
Agreements signed before the company was acquired by a SPAC can't force the dispute over former executives' participation in an IPO into arbitration, Vice Chancellor Morgan Zurn said.
By ALM Staff | October 27, 2022
Kirkland & Ellis is nominated for the California Legal Award's Environmental, Social and Governance Initiative.
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