Corporate Counsel | Expert Opinion
By Emily N. Litzinger and Alexa R. Hanlon | March 24, 2021
While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | March 24, 2021
In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh write that in order to be a meaningful factor in effectuating corporate purpose, ESG—or, more accurately, EESG (including Employees as well as Environmental, Social, and Governance)—must be integrated throughout corporate affairs, not just in the boardroom.
Delaware Business Court Insider | Commentary
By Joanna J. Cline and Emily L. Wheatley | March 24, 2021
In a recent decision, the Delaware Supreme Court affirmed a ruling of the Delaware Superior Court that Delaware has a more significant relationship than California to a directors' and officers' liability insurance policy (D&O policy), at least when the dispute involves a Delaware corporation and its directors and officers.
Daily Business Review | Commentary
By Jolie Balido | March 18, 2021
Smart strategy, purpose-driven leadership and effective communication with internal and external stakeholders will be key for the newly appointed Kathryn Ruemmler.
Delaware Business Court Insider | Commentary
By Richard L. Renck | March 17, 2021
While the courts of Delaware have routinely observed that the governance documents for Delaware corporations—the charter and the bylaws—reflect a type of contractual relationship between and among the stockholders, the corporation and the corporation's board of directors, such a contractual relationship does not always give rise to potential claims for breach of contract where directors are alleged to have caused the company to breach specific provisions of a charter.
Delaware Business Court Insider
By Phillip Bantz | March 15, 2021
"When you've got a strong-minded, strong-willed leader, it is going to be challenging," said former Airbnb Inc. general counsel Rob Chesnut.
By Phillip Bantz | March 15, 2021
"When you've got a strong-minded, strong-willed leader, it is going to be challenging," said former Airbnb Inc. general counsel Rob Chesnut.
By Michael W. Mitchell, Edward Roche and Derek Sutton | March 15, 2021
Statements and omissions arising from legitimate, subjective business judgments that allegedly become misleading only with the benefit of hindsight are insufficient to create the "strong inference" of intent necessary to satisfy the heightened standard for pleading a securities fraud claim.
By Frank Ready | March 11, 2021
Businesses and other organizations are using data to help create benchmarks around ongoing efforts to improve diversity and inclusion. However, with a patchwork of data protection regulations to worry about, some companies may begin hesitating to collect or use such information for fear of coming into conflict with the law.
By Frank Ready | March 10, 2021
Businesses and other organizations are using data to help create benchmarks around ongoing efforts to improve diversity and inclusion. However, with a patchwork of data protection regulations to worry about, some companies may begin hesitating to collect or use such information for fear of coming into conflict with the law.
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