Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | September 16, 2020
Although the failure to disclose such "intrinsic value" prevented dismissal under Corwin v. KKR Financial Holdings, Vice Chancellor Sam Glasscock III held that, in the circumstances, omission and the directors' approval of the sale did not suffice to plead a breach of the directors' fiduciary duty of loyalty.
Corporate Counsel | Commentary
By Teresa Johnson and Nate Klein | September 14, 2020
To fulfill their fiduciary duties, directors of Delaware corporations should ensure that in making decisions in the interests of stakeholders, their focus is on stockholders' long-term interests.
By Frank Ready | September 11, 2020
Not all breaches are created equal. Organizations who respond too quickly to a cyber-event risk escalating the scale of the attack or forfeiting valuable forensic evidence that could make or break an investigation.
National Law Journal | Commentary
By Andrew Boutros, Andrew Levander, David Kelley, Vince Cohen, Michael McGinley and Sozi Tulante | September 10, 2020
Modern-day slavery is a tragic reality in many parts of the world. As their size, wealth and influence grow, global corporations can be a powerful force to effect change along their supply chains to eradicate this scourge.
By Dan Packel | September 10, 2020
The expert on corporate governance joined Wachtell, Lipton, Rosen & Katz in April after stepping down from the Delaware Supreme Court.
By Frank Ready | September 9, 2020
A new amendment to the CCPA continues to exempt employee data from other requirements found under the law. But while some employers may need the extra time to get up to speed, others may just be dragging their feet.
By Frank Ready | September 3, 2020
Kathleen Sweitzer, who recently became the first general counsel of Maestro Health, talks about how technology providers in the health care space can get ahead of their data compliance obligations and what legal departments really need from their outside counsel.
The Legal Intelligencer | Commentary
By Edward T. Kang | September 3, 2020
Piercing the veil of limited liability companies (LLCs) allows a court to disregard the separate corporate personality of the company and its member(s) to reach the assets of the members and hold them liable for all or part of the LLC's debts under Pennsylvania law.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 2, 2020
A creditor on behalf of the company sues its controllers and advisors for looting the company, and the company files for bankruptcy, which stays the litigation and shifts the authority to pursue the claims from the creditors to a Chapter 7 trustee.
New York Law Journal | Expert Opinion
By Jamila Justine Willis | August 28, 2020
With a specific focus on the bankruptcy cases filed of the last 10 years, the article analyzes the fashion and retail restructurings, identifying patterns from liquidations and repeat restructurings and discusses how fashion and retail companies have turned around their businesses during restructurings or protected themselves during this time.
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