By Megan Ridley-Kaye, Patrick Sarch, Tina Guo and Vinura Ladduwahetty | October 14, 2022
Recently, a debate about directors' obligation to pursue ESG considerations under the revitalized 'Caremark' standard has raised the stakes for directors of Delaware corporations, and gives us reason to compare the role of a Delaware board with that of a UK board with respect to ESG considerations.
By Emma S. Blumer and Ashley Lee | October 14, 2022
This article will discuss the current legal and deal landscape and discuss a potential shift in the market. This article will then analyze potential techniques and deal terms that may become more popular as we enter an unknown future regarding mergers and acquisitions.
By Kai Liekefett and Derek Zaba | October 14, 2022
Management and boards of directors should be well prepared for the changing landscape of shareholder activism that will likely result from the recent implementation of the universal proxy card system.
By William G. Passannante and Madison Marlow | September 30, 2022
The right to independent counsel protects the policyholder's interests against conflicted representation.
By Timothy W. Burns, Jesse J. Bair and Brian P. Cawley | September 30, 2022
Stipulated judgments coupled with assignments of insurance rights can shorten the bankruptcy process and offer policyholders and underlying claimants relief from the burdensome and time-consuming process of litigating underlying liability.
By Zachary Lerner | September 30, 2022
This article discusses some of the key benefits of pursuing the formation or purchase of a DSLI, as well as some of the challenges associated therewith.
By Bob Mancuso and Peter Baldwin | September 30, 2022
In its latest effort to ensure robust cybersecurity of Covered Entities, on July 29, 2022, NYDFS exposed for comment a pre-proposed second amendment to Part 500. Here are 10 such changes that Covered Entities need to know about the pre-proposed second amendment.
By David Simons, Jon Mills and Brandon Butterworth | September 30, 2022
This article discusses the increasing risks of data breaches and the option for cyber insurance. It describes cyber insurance, highlights recent cyber insurance cases involving "hostile or warlike action" policy exclusions, and discusses the future of cyber insurance as the catalyst for higher data security standards.
By James H. Millar | September 16, 2022
Bankruptcy courts continue to disagree about whether a provision in a subordination agreement that purports to allow the senior creditor to vote the subordinated creditor's claim is enforceable.
By Sherry Millman and Genna Grossman | September 16, 2022
While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
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