New Jersey Law Journal | Commentary
By Michelle A. Schaap and Frank X. Wukovits | December 1, 2023
As of November 2023, more than 40 states have introduced proactive cybersecurity legislation, and at least 20 states adopted proactive privacy and/or cybersecurity laws. Included below is a sampling of states and federal proactive laws adopted as of this writing as well as tips for identifying which of these laws may apply to you, and other recommended best practices to meet the mandates of these laws.
Delaware Business Court Insider | Commentary
By Elizabeth S. Fenton | November 22, 2023
In the Hauppauge Digital case, the court affirmed the Court of Chancery's discretion to reject the parties' proposed confidentiality restrictions, and held that the decision regarding confidentiality restrictions is "a context-driven balancing exercise, the result of which will not be disturbed on appeal unless clearly unreasonable or capricious."
Delaware Business Court Insider | Commentary
By Brian T.M. Mammarella | November 15, 2023
In two recent opinions, the Delaware Court of Chancery addressed the scope of disclosure liability in two novel contexts.
Daily Business Review | Commentary
By Perry F. Sofferman | November 14, 2023
Companies must be in preparation mode now and seek to gain a full understanding of the steps that should be taken to comply with the new regulations.
Delaware Business Court Insider | Commentary
By Albert J. Carroll | November 8, 2023
Triggering Delaware's entire fairness review in stockholder litigation was once considered outcome determinate, but that view has waned. Numerous…
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | November 2, 2023
This ruling may result in more cannabis-related bankruptcy filings as sophisticated bankruptcy attorneys now have a framework for testing the trustee's historic opposition to bankruptcy protection for cannabis companies.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | November 1, 2023
The court's confirmation of the award demonstrates the extent to which a court will go to confirm an arbitration award even where, as the vice chancellor found, the arbitration proceeding and the resulting award were flawed.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden S. Dahrouge | October 26, 2023
In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.
Delaware Business Court Insider | Commentary
By Sean M. Brennecke | October 25, 2023
The Delaware Court of Chancery's post-trial opinion in Gener8 v. Castanon is a helpful resource for anyone looking for a discussion of the elements of a variety of causes of action.
Delaware Business Court Insider | Commentary
By Mackenzie M. Wrobel | October 18, 2023
The decision saved threatened claims from a motion to dismiss and is a timely reminder of the limits on integration clauses during a time when corporate and commercial litigators are seeing an uptick in matters arising from acquisitions completed during the busy deal days of 2021.
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