Delaware Business Court Insider | Analysis
By Helen Diana (Heidi) Reavis | November 6, 2020
What is the scope of personal liability of the corporate counsel and corporate fiduciaries who conceal acts of sexual harassment and enable it to continue? And how has that changed as a result of the #MeToo movement?
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | October 14, 2020
In their Taxation column, David E. Kahen and Elliot Pisem examine how an irregularity in corporate form may invalidate an election and give rise to adverse consequences that become apparent only in the context of a tax audit years after the election was attempted.
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.
Delaware Business Court Insider | Analysis|Commentary|Expert Opinion|Q&A
By Kenneth Artz | October 8, 2020
If the only question was "where are the defendants located?" it absolutely would make more sense for the patent litigation capital to be in Northern California or perhaps Delaware (where most large corporations are incorporated).
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 | Analysis
By Jeffrey S. Klein and Nicholas J. Pappas | October 6, 2020
In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas discuss the analysis of choice-of-law provisions in two recent circuit court decisions and consider the lessons these cases hold for employers seeking to craft enforceable restrictive covenants.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | August 14, 2020
In their corporate litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the recent decision in 'Applied Energetics,' which explores the remedies of ratification and validation in Sections 204 and 205 of the Delaware General Corporation Law.
New York Law Journal | Analysis
By Corinne Ball | June 24, 2020
Corinne Ball's latest column on Distress Mergers and Acquisitions looks at the recent decision in the 'Dura Automotive' case, addressing derivative standing in the bankruptcy of a limited liability company.
Delaware Business Court Insider | Analysis
By Claudia T. Salomon and Hiroko Yamamoto | June 9, 2020
This article highlights four strategic considerations for a party seeking to recognize and enforce a monetary award in the United States using this method.
Delaware Business Court Insider | Analysis
By Victoria Hudgins | May 27, 2020
E-discovery lawyers caution that, while the discovery process is similar across any litigation, bankruptcy proceedings require quicker turnarounds and more challenging data handling procedures.
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