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Corporate Counsel

Protecting Your Trade Secrets in a Recession

When a recession hits, businesses face challenges in protecting their intellectual property. One of the biggest issues is how to protect your trade secrets when employees are leaving the company due to layoffs or reorganization or simply to find a more stable position.
6 minute read

Delaware Business Court Insider

Enforcing Del. Choice-of-Law Provisions in Restrictive Covenant Agreements

There has been a recent trend where employers have sought to circumvent California's public policy by invoking Delaware law in restrictive covenant agreements with their employees.
9 minute read

New York Law Journal

The Long Term, the Short Term, and the Strategic Term

In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: The short-term/long-term, shareholder/stakeholder debate is likely to become more intense, and more political, in the near future. As the landscape of corporate governance shifts around them, companies should seek firm ground on a foundation of business success by creating and implementing a strategic plan over a time horizon that will maximize both growth and profitability.
8 minute read

Corporate Counsel

BlackRock, Vanguard Defend How They Handle Corporate Climate Risk After Critical Report

The report accused New York-based BlackRock and Pennsylvania-based Vanguard of "using their shareholder voting power to shield corporate boards from accountability ... for their failures on climate and their irresponsible lobbying."
4 minute read

Delaware Business Court Insider

Advance Notice Bylaws: Who Will Suffer the Consequences of Stockholder Noncompliance?

In a recent decision, Bay Capital Finance v. Barnes and Noble Education, the Delaware Court of Chancery interpreted and analyzed the effect of stockholder noncompliance with the express requirements of an advance notice bylaw.
6 minute read

Delaware Business Court Insider

'Scott v. DST Systems': Court Rejects Mootness Fee for Target's Supplemental Disclosures Explaining Valuation Analyses

Disclosure-only settlements of M&A class actions have received increased scrutiny since decisions like the Delaware Court of Chancery's 2016 Trulia opinion and the U.S. Court of Appeals for the Seventh Circuit's Walgreens decision from later that year.
5 minute read

New York Law Journal

Investors Claim AT&T Created Fake Streaming Service Accounts to Hide Failure

According to an amended complaint filed last week in Manhattan federal court, AT&T management overreported the number of customers who had signed up for the company's $35-per-month product, leading investors to believe it was well-positioned to compete with cheaper online streaming services such as Netflix and Hulu.
4 minute read

New York Law Journal

Judge Nixed Settlement, $7.5M Attorney Fees, in Challenge to Xerox, Fujifilm Tie-Up

The proposed settlement, announced last May, came as a win for activist investors Carl Icahn and Darwin Deason, who agreed to drop claims in a consolidated class action in exchange for the resignation of Xerox's CEO and five other board members.
3 minute read

Corporate Counsel

The CLO's New Role in Advising on Corporate Purpose

The Business Roundtable's controversial new Statement on the Purpose of a Corporation (statement) provides a new opportunity for positive chief legal officer (CLO) engagement with the governing board.
5 minute read

The American Lawyer

Should Davis Polk Be Investigating the Epstein-Wexner Mess?

While legally there appears to be no conflict, the elite law firm's connections to L Brands and its leader make the probe seem off-kilter.
5 minute read

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