New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | November 16, 2020
In their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes discuss a unanimous decision from October, in which the Delaware Supreme Court reversed a trial court ruling and held that an appraisal action is not a "Securities Claim" as defined in the applicable D&O liability insurance policy. Consequently, the court ruled that the insured was not entitled to coverage for defense costs and pre-judgment interest incurred in connection with an appraisal proceeding.
Delaware Business Court Insider | Analysis
By Zack Needles | November 12, 2020
Since the start of the pandemic and the widespread shift to remote work, attorneys have been warning of the heightened threat to companies' trade secrets and the potential avalanche of litigation that could be on the horizon.
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.
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