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New York Law Journal

CFTC's New Penalty Guidance: Relief From 'Piling On?'

In his Corporate Crime column, William F. Johnson explores the Commodity Futures Trading Commission's new guidance outlining factors the Division of Enforcement will consider in recommending civil monetary penalties to be imposed in enforcement actions.
12 minute read

International Edition

Wirecard Collapse Drags Big Four's EY Into the Crosshairs as German Investor Suit Expands

The German firm TILP Rechtsanwälte has included the company's auditors in a consumer action against Wirecard after the payments firm filed for bankruptcy late last week.
3 minute read

Texas Lawyer

Advice for Boards and Board Directors During the Pandemic: A Q&A With Sidley's Yvette Ostolaza

Texas Lawyer spoke recently with Ostolaza about what boards and board members can do to manage litigation risk while the COVID-19 pandemic is still active.
7 minute read

Corporate Counsel

New Elevate Solution Joins a Crowded Data Management Landscape

Elevate released its new Ecosystem Legal Management software earlier this week as more providers attempt to help corporate legal teams bridge the multitude of applications at work in their departments.
3 minute read

New York Law Journal

Supreme Court Reins In, But Does Not Overturn, SEC's Disgorgement Authority

In a highly anticipated decision, the U.S. Supreme Court on Monday in Liu v. S.E.C. No. 18-1501 (2020), took steps to limit the SEC's aggressive use of disgorgement of ill-gotten gains in litigated cases, but did not, as some had hoped, do away with this powerful remedy in litigated actions entirely.
9 minute read

Delaware Business Court Insider

Chancery's Narrow Construction of Forum Selection Clause Preserves Venue of Fiduciary Duty Litigation in Del.

In EnVen Energy v. Dunwoody, the Delaware Court of Chancery found that a forum selection clause in an employment agreement between the plaintiff and a defendant did not bar venue of the matter in Delaware.
6 minute read

The Legal Intelligencer

Piercing the Corporate Veil of Corporate Groups to Establish Alter Ego Jurisdiction

When nonresident members of a corporate group, usually the parent company, should expect to be subjected to the jurisdiction of Pennsylvania courts when one of the entities, usually the subsidiary, is based or does business in the state.
8 minute read

New York Law Journal

COVID-19 and Executive Pay

In his Executive Compensation column, Joseph E. Bachelder III looks at the impact COVID-19 may have on executive compensation.
7 minute read

The American Lawyer

Suit Against DLA Piper Says Firm's Mistaken Email Revealed 'Double Dealing'

After client Ferrellgas Partners contacted the firm about the email, DLA said it conducted an internal investigation, the suit claims.
4 minute read

Delaware Business Court Insider

Special Committee's Narrow Mandate, Company's Decision to Bypass Committee and Impermissible 'Coercion' Prevent Dismissal Under MFW

This opinion builds upon a series of recent Delaware decisions examining the standards for the process leading up to a transaction that must be satisfied under MFW. A reviewing court will examine allegations concerning a special committee process to assess whether a committee functioned appropriately.
8 minute read

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