New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | February 11, 2020
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss. As Joseph M. McLaughlin and Shannon K. McGovern discuss in this edition of their Corporate Litigation column, the framework established by the court to provide the plaintiff with the benefit of the SLC's work has expansive disclosure aspects and important boundaries to be understood by practitioners.
Delaware Business Court Insider | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | February 11, 2020
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss. As Joseph M. McLaughlin and Shannon K. McGovern discuss in this edition of their Corporate Litigation column, the framework established by the court to provide the plaintiff with the benefit of the SLC's work has expansive disclosure aspects and important boundaries to be understood by practitioners.
By Jenna Greene | February 9, 2020
For many lawyers, litigating a billion-dollar case is in a once-in-a-career opportunity. Latham & Watkins partner Andrew Clubok has won three in the last year alone.
By Jack Newsham | February 5, 2020
John Brandon Walker was suspended from the practice of law for four months after a woman testified that he kicked and choked her. Walker claimed he was blackout drunk.
By Patrick P. Dinardo and Jeremy Bachrach Siegfried | February 5, 2020
Litigators engaging the SEC must also be sure to review all language carefully to be sure they are not inadvertently waiving their clients' ability to seek judicial review of any disgorgement or any other penalties.
By Tom McParland | February 4, 2020
In a filing with the U.S. Court of Appeals for the Second Circuit, attorneys from Munger, Tolles & Olson; Allen & Overy; Shapiro Arato Bach; and Kramer Levin Naftalis & Frankel argued that the panel decision defied U.S. Supreme Court precedent and raised issues of "exceptional importance" that warranted review by the full bench of the appellate court.
By Katheryn Tucker | January 30, 2020
"Valuing a private company" is "a notoriously difficult thing" to do, Judge Colm Connolly said.
Delaware Business Court Insider | News
By Katheryn Tucker | January 30, 2020
"Valuing a private company" is "a notoriously difficult thing" to do, Judge Colm Connolly said.
By Perrie M. Weiner, Edward D. Totino and Aaron T. Goodman | January 28, 2020
Disgorgement has long been one of the Security and Exchange Commission's most powerful enforcement tools.
By Jenna Greene | January 28, 2020
The 31-page report by the Bharara Task Force on Insider Trading offers a clear overview of why insider trading enforcement 'has suffered—and continues to suffer—from uncertainty and ambiguity to a degree not seen in other areas of law.'
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