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Corporate Counsel

Companies Deluged With Anti-ESG Shareholder Proposals

Some firms are receiving pro-ESG and anti-ESG proposals on the same issue, underscoring how challenging topics such as diversity and climate change have become for corporate America.
5 minute read

New York Law Journal

Trump Organization's Independent Monitor Recommends Continued Oversight

Ret. judge and Bracewell partner Barbara Jones recommended that her team continue to oversee the Trump Organization's progress as it implements checks and balances regarding financial disclosure to third parties.
3 minute read

Delaware Business Court Insider

Chancery Confirms Arbitration Award Resulting in Negative Purchase Price

As the Delaware Chancery Court's recent decision in SM Buyer v. RMP Seller Holdings demonstrates, the deference afforded to an arbitrator may result in decisions with which a reviewing court may disagree but that the court is nonetheless bound to confirm.
6 minute read

International Edition

Latham's Elisabetta Righini on Why Brussels Is a Must for a Career in Antitrust 

Righini was one of the first WTO litigators in private practice in the late 1990s—an expertise that got her recruited by the European Commission, where she would spend over a decade. 
6 minute read

Law.com

Report: Securities Fraud Losses Claimed Balloon in First Half of 2024

The report from securities litigation data analytics company SAR attributes the rise not to a greater number of SEC Rule 10b-5 complaints being filed in the federal courts, but to drops in stock prices growing larger.
3 minute read

Legaltech News

Vandana Dhamija on Navigating the 'Politics and Personalities' of In-House Tech Procurement

Dhamija, who spent over two decades at organizations like BlackRock, Viacom and J.P. Morgan, noted that the failure to implement the right legal technology in-house is often hard to own up to. But 'calling it' may not always be wise. 
6 minute read

Delaware Business Court Insider

Chancery Finds Governance Provisions of a Pre-IPO Stockholders' Agreement Invalid for Transgressing DGCL

While the Delaware General Corporate Law (DGCL) is a broadly enabling statute, a number of recent decisions have found limits to parties' ability to renegotiate internal corporate governance by "private ordering" outside of the corporate charter and bylaws.
7 minute read

Delaware Business Court Insider

Court of Chancery Dismisses Fiduciary Duty Claims Related to Self-Tender Offer

In August 2022, Giant/Alpha allegedly used its controlling position in Playtika to cause the Playtika board to engage in a self-tender. In a previous ruling, Vice Chancellor Sam Glasscock found that the transaction conferred Giant/Alpha a nonratable benefit and denied Giant/Alpha's motion to dismiss claims against it arising from the transaction.
8 minute read

Delaware Business Court Insider

'MFW' Just Turned 10, but Is It Worth the Candle?

Practitioners generally lauded MFW as a welcome development that rebalanced the litigation risk landscape in a manner that enabled controlled companies to pursue a greater range of value-maximizing transactions. And in the decade that followed, many companies have taken advantage of the MFW framework to do just that.
7 minute read

Corporate Counsel

Corporate Threats at Highest Level in 12 Years, Report Finds

Respondents to a Clyde & Co. and Winmark Global survey foresee "the competitive advantages from AI being short-lived as early innovations become commoditized over time."
4 minute read

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