The Legal Intelligencer | Commentary
By Edward T. Kang | November 5, 2020
In June, the Pennsylvania Supreme Court granted an appeal that could radically alter existing state law on corporate liability based on the veil-piercing theory. The case, arising from a dram shop tort action, is poised to test Pennsylvania law's "strong presumption" against piercing the corporate veil.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | October 28, 2020
In their column on Corporate Governance, David A. Katz and Laura A. McIntosh consider how a corporation can successfully handle political pressures through a focus on corporate purpose.
New York Law Journal | Analysis
By David J. Kaufmann | October 28, 2020
In his column on Franchising, David J. Kaufmann asks: How do you administer the legal department of one of the world's largest franchisors? To gain insight, he turned to Julie Davis, the Global Chief Legal Officer of Taco Bell Corp.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | October 28, 2020
Delaware courts have often thwarted plaintiffs' pursuit of both a claim for breach of contract and a claim for breach of fiduciary duty when those claims arose out of the same facts.
By Tasha Norman | October 23, 2020
"It is very hard to make partner in this industry without the support of colleagues."
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | October 21, 2020
A claim for aiding and abetting a breach of fiduciary duty fails if a plaintiff cannot allege an underlying breach. In that circumstance there is no breach to aid and abet.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | October 15, 2020
In this column, Commercial Division Update writers Thomas J. Hall and Judith A. Archer examine the role of reliance or inducement when pleading a sufficiently close relationship in an unjust enrichment claim.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | October 13, 2020
This article begins by discussing the relevant factual background of In re Anthem-Cigna and then proceeds to discuss three takeaways that companies should keep in mind for future transactions, write Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 7, 2020
As derivative plaintiffs continue to seek to expand what constitutes mission critical corporate risk, these decisions provide practical guidance on how courts will: (i) identify the key compliance risks a company's business presents, and (ii) evaluate whether a particular company has implemented reasonable board-level monitoring and reporting procedures.
New York Law Journal | Expert Opinion
By Marilyn Kunstler and Julia Brickell | October 7, 2020
The pandemic has created novel challenges for counsel who manage complex litigation as they navigate disruptions—both obvious and subtle—in everything from communications to technologies to document productions, while addressing the human impact.
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