Corporate Counsel | Expert Opinion
By John G. Browning | August 12, 2019
It’s an incredibly wired world we live in. Over 82% of the adult American population has at least one social networking profile, and in a single minute we’ll witness 293,000 status updates posted to Facebook, more than 360,000 tweets on Twitter, and roughly 400 hours of video uploaded to YouTube.
By Tom McParland | August 7, 2019
Justice Andrew S. Borrok cited the "simple, plain and unambiguous" language of the Private Securities Litigation Reform Act of 1995 in holding that the statute's automatic discovery stay applied to state court actions during a pending motion to dismiss.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 7, 2019
In In re Old BPSUSH, U.S. Bankruptcy Judge Kevin J. Carey resolved a dispute over control of attorney-client and work product privileges applicable to information generated in an investigation conducted on behalf of the corporate debtor’s former audit committee.
The Legal Intelligencer | Commentary
By Danielle T. Bruno and Laurel Gift | July 31, 2019
What are the limits of criminal liability for corporate entities in the Pennsylvania courts? Can a business be banned from the state?
Delaware Business Court Insider | Commentary
By Mackenzie M. Wrobel | July 31, 2019
Fiduciary duties are fundamental concepts in Delaware corporate law. Directors and officers owe duties of care and loyalty, and from these obligations flows a duty to disclose information to stockholders
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell and Albert J. Carroll | July 31, 2019
Enforcement mechanisms available to creditors of Delaware corporations may include, inter alia, claims against directors to recover unlawful dividends under Section 174 of the Delaware General Corporation Law; and fraudulent transfer claims against the corporation and transferees including, where Delaware law applies, under Delaware's Uniform Fraudulent Transfer Act.
The Legal Intelligencer | Commentary
By Zac Arbitman and Benjamin H. McCoy | July 30, 2019
The SEC and CFTC whistleblower programs were created only in 2010 through the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).
Corporate Counsel | Expert Opinion
By Barbara S. Meeks and Edward P. O'Keefe | July 26, 2019
Historically, financial regulatory lawyers have rooted themselves in New York or Washington, D.C. to develop thriving practices. Charlotte's resurgence as a financial center—now once again the nation's second largest banking center—coupled with the increasing availability of local, reasonably priced and talented banking practitioners, has changed all that.
Corporate Counsel | Expert Opinion
By Aloke Chakravarty and Sam Ballingrud | July 24, 2019
This April the Department of Justice (DOJ) issued updated guidance on the evaluation of corporate compliance programs with the goal of assisting prosecutors in making informed decisions as to whether corporate compliance programs are performing effectively.
Delaware Business Court Insider | Commentary
By Allison Land and Aarish Sheikh | July 24, 2019
The most significant changes affected by this year's amendments provide safe harbors for electronic documentation of certain acts and transactions and electronic signature of documents, and permit electronic delivery of stockholder notices, including appraisal notices.
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