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Delaware Business Court Insider

Chancery Grants Books-and-Records Inspection Into CBS-Viacom Merger but Narrows Scope of ESI

Although the Delaware Court of Chancery may order the production of certain electronically stored information, the scope of a books-and-records request is more limited than discovery that may be obtained in a plenary action.
5 minute read

Delaware Business Court Insider

An Analysis of Actionable Breach of Fiduciary Duty Claims

In the case of Liquidation Trust of Solutions Liquidation v. David Stienes (In re Solutions Liquidation), the U.S. Bankruptcy Court for the District of Delaware examined the interplay between the scope and extent of a company's exculpation clause versus the scope and extent of Delaware law regarding breach of fiduciary duty claims.
11 minute read

The Legal Intelligencer

Five Tips for Representing Corporations in Pa. Grand Jury Investigations

In my experience, Pennsylvania prosecutors are typically willing to speak with corporate counsel about the corporation's status, and counsel is encouraged to do so before expending large sums in defending against the subpoena, assuming that important privileges are not at issue.
5 minute read

Corporate Counsel

10 Ways That Outside Counsel Disguise Overbilling

The task of sifting through line after line of attorney time entries from outside counsel is time consuming, and more times than not, in-house legal and accounting teams may miss billing errors.
8 minute read

Delaware Business Court Insider

Venture Capital Firms Did Not Constitute a Control Group Barring Stockholder Direct Claims for Dilution

To avoid demand futility and standing requirements for a derivative claim, the plaintiff stockholders in Sheldon v. Pinto Technology Ventures attempted to plead a direct claim for dilution of their voting and economic interests by alleging that several venture capital firms constituted a "control group" of stockholders under Gentile.
4 minute read

Daily Business Review

5 Things Law Firms Should Do Now to Be a GC's Most Trusted Counsel

At a recent Legal Marketing Association South Florida meeting, general counsels of local corporations detailed how they select outside counsel and why they fire them. They shared insights in a program that Richard Montes de Oca, managing partner of MDO Partners, moderated.
5 minute read

Corporate Counsel

The Future of Corporate Monitorships: Lessons Learned From the Walmart Case

The Department of Justice appears to be taking a more nuanced and tailored approach to oversight via monitorships.
6 minute read

Delaware Business Court Insider

Chancery Applies 'Statutory Override' to Uphold Privilege for Emails Hosted on Adversary's Server

A recent Delaware Court of Chancery letter opinion presents an interesting twist concerning the applicability of the attorney-client privilege to emails between a party and his attorneys where the emails were stored on a server controlled by the adverse party.
7 minute read

Delaware Business Court Insider

What Is Oversight? Del. Courts Continue to Provide Clarification Post-'Marchand'

Marchand v. Barnhill seemingly breathed new life into the viability of Caremark claims in Delaware.
6 minute read

Corporate Counsel

The Clock Is Ticking: Three Steps Toward CCPA Compliance

New Year's Day is fast approaching, and with it, the deadline for compliance with the California Consumer Privacy Act (CCPA)—the Golden State's new data privacy law and the strictest in the nation.
5 minute read

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