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Corporate Counsel

Expert Urges General Counsel to Take Control of Shaping Environmental, Social and Governance Data

In-house counsel should pay attention to how corporate environmental, social and governance issues are measured and analyzed to avoid lawsuits, according to a strategy consultant.
4 minute read

Corporate Counsel

The Intersection of Corporate Governance and Antitrust Law

A recent blog post from Federal Trade Commission staff serves to underscore the important interrelationship between certain types of governance arrangements and antitrust law.
5 minute read

New York Law Journal

NY Judge Rules Automatic Discovery Stay Applies in State Securities Litigation, Highlighting Post-'Cyan' Split

Justice Andrew S. Borrok cited the "simple, plain and unambiguous" language of the Private Securities Litigation Reform Act of 1995 in holding that the statute's automatic discovery stay applied to state court actions during a pending motion to dismiss.
4 minute read

Delaware Business Court Insider

Liquidating Trustee Succeeds to Privileges of Former Audit Committee

In In re Old BPSUSH, U.S. Bankruptcy Judge Kevin J. Carey resolved a dispute over control of attorney-client and work product privileges applicable to information generated in an investigation conducted on behalf of the corporate debtor’s former audit committee.
8 minute read

Corporate Counsel

General Counsel and Chief Financial Officer Roles, Relationships Are Changing, CPAs Say

GCs and CFOs are taking on more operational and strategic roles, according to CPAs that work with both offices often. That shift has placed the two execs in "a very fluid, open ... closely coordinated role."
3 minute read

Corporate Counsel

Roller Coaster Proxy Season Ends as US Regulators Look at Possible Changes

Both shareholder activists and corporate management claimed victories, suffered losses, and see a cloudy future with the U.S. Securities and Exchange Commission considering proxy changes.
5 minute read

New York Law Journal

NY Set to Recoup $1.3 Million in Settlement With Cisco Systems in Cybersecurity Whistleblower Case

The $6 million settlement, of which New York will receive $1.3 million, was part of a larger $8.6 million settlement announced by attorneys for the whistleblower Wednesday.
3 minute read

The Legal Intelligencer

Pa. Courts and the Limits of Corporate Criminal Liability in 'Pi Delta Psi'

What are the limits of criminal liability for corporate entities in the Pennsylvania courts? Can a business be banned from the state?
6 minute read

Delaware Business Court Insider

Chancery Forecloses Reliance on Technical Truths, Delayed Disclosures as Defenses to Disclosure-Related Breach of Fiduciary Duty Claims

Fiduciary duties are fundamental concepts in Delaware corporate law. Directors and officers owe duties of care and loyalty, and from these obligations flows a duty to disclose information to stockholders
6 minute read

Delaware Business Court Insider

Chancery Decides Questions of First Impression Regarding Statutory Claims for Unlawful Dividends and Fraudulent Transfers

Enforcement mechanisms available to creditors of Delaware corporations may include, inter alia, claims against directors to recover unlawful dividends under Section 174 of the Delaware General Corporation Law; and fraudulent transfer claims against the corporation and transferees including, where Delaware law applies, under Delaware's Uniform Fraudulent Transfer Act.
8 minute read

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More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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