New York Law Journal | Analysis
By Howard M. Berkower | April 9, 2021
Assisted by the effects of the global pandemic, Amazon's sales of $386 billion represented a 38% increase from 2019 and its net income of $21.3 billion amounted to a whopping 84% increase from 2019. What an opportune time for Jeff Bezos to announce an executive transition! In this Executive Compensation article, Howard Berkower traces Amazon's spectacular long-term success and examines its unique executive compensation practices.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | March 24, 2021
In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh write that in order to be a meaningful factor in effectuating corporate purpose, ESG—or, more accurately, EESG (including Employees as well as Environmental, Social, and Governance)—must be integrated throughout corporate affairs, not just in the boardroom.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | January 27, 2021
In their Corporate Governance column, David A. Katz and Laura A. McIntosh reflect on the tenure of Chairman Jay Clayton, under whose leadership the SEC experienced an era of great productivity and rational reform.
New York Law Journal | Analysis
By John C. Coffee Jr. | January 20, 2021
In this edition of his Corporate Securities column, John C. Coffee Jr. reviews the issues that a Democratic administration must face at the SEC after four long years of Republican deregulation.
New York Law Journal | Analysis
By David B. Hennes and Adam M. Harris | December 22, 2020
In recent years, Delaware courts, leaders in the development of corporate law, have imposed a more stringent standard of review to director compensation when challenged by stockholders which has led to more such challenges by the plaintiffs' bar. This article discusses the increase in this type of litigation, recent case law, and practical advice for boards to mitigate the risk.
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.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | October 28, 2020
In their column on Corporate Governance, David A. Katz and Laura A. McIntosh consider how a corporation can successfully handle political pressures through a focus on corporate purpose.
New York Law Journal | Analysis
By David J. Kaufmann | October 28, 2020
In his column on Franchising, David J. Kaufmann asks: How do you administer the legal department of one of the world's largest franchisors? To gain insight, he turned to Julie Davis, the Global Chief Legal Officer of Taco Bell Corp.
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 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.
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