Corporate Counsel | Expert Opinion
By Cloud Schnoebelen and Elizabeth Smith | November 18, 2019
Between recruiting new talent, creating budgets, cooperating with outside counsel, managing billing issues, overseeing diversity and inclusion initiatives, and staying abreast of rapidly evolving technologies, general counsel and chief legal officers are increasingly finding themselves with less time to practice law.
Corporate Counsel | Expert Opinion
By Tamara Devitt and Zach Olsen | November 15, 2019
As an employer, what you say is just as important as what you do. Internal investigations carried out by HR, compliance and legal professionals are no exception.
Delaware Business Court Insider | Commentary
By Brian M. Lutz and Jason H. Hilborn | November 13, 2019
Whether a letter to a board is a "demand" matters under Delaware law because it dictates the standard that applies in stockholder-derivative litigation that may arise out of the issues raised in the letter.
New York Law Journal | Analysis
By Philip M. Berkowitz | November 13, 2019
2019 has been a year of increased regulatory scrutiny of banks' and other financial institutions' whistleblower investigation protocols and codes of conduct. Two recent enforcement actions present extraordinary cautionary tales. As Philip M. Berkowitz discusses in his Employment Issues column, each of these matters involved individuals with high level compliance responsibilities, who apparently made very bad decisions, which resulted in enormous monetary and reputational damage to their employers as well as themselves.
Daily Report Online | Commentary
By Al Hill | November 12, 2019
"We (then) young lawyers marveled at his stamina, drive and desire to be of service at every opportunity. But David brushed aside our praise. As he often pointed out, all it took was effort."
Corporate Counsel | Expert Opinion
By Camille Penniman, Joshua Briones and Crystal Lopez | November 12, 2019
The common law trends in bet the company class actions have been overall favorable for defendant businesses in 2019. The U.S. Supreme Court issued two more decisions enforcing arbitration agreements and class action waivers.
The Legal Intelligencer | Commentary
By Melissa Merkel | November 8, 2019
On July 3, 206 of the world's leading companies (representing 7 million workers and $5 trillion in revenue) joined an amicus brief to urge the U.S. Supreme Court to apply federal job discrimination protection under Title VII of the 1964 Civil Rights Act to sexual orientation and gender identity in three LGBTQ discrimination cases.
The Legal Intelligencer | Commentary
By Edward T. Kang | November 7, 2019
The call for an internal investigation, not unique in the wake of the #MeToo movement, is not simply confined to the media and entertainment industries—although we may know more about them due to the high profile of many of those involved.
Delaware Business Court Insider | Commentary
By Albert J. Carroll and Matthew F. Lintner | November 6, 2019
Delaware law has long recognized that significant personal or professional ties to a party who would be a defendant in the prospective derivative claim, like a conflicted controlling stockholder, is grounds for finding a director lacks independence.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 6, 2019
In a somewhat unusual case, Vice Chancellor Morgan T. Zurn addressed the question whether in pari delicto is an equitable or a legal defense.
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