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Delaware Business Court Insider

Court of Chancery Reaffirms Directors' Broad Books-and-Records Inspection Rights

Section 220(d) of the Delaware General Corporation Law permits a director to inspect a company's books and records for purposes reasonably related to the director's position as a director.
6 minute read

Corporate Counsel

A Survey of Proposed Federal Privacy Legislation and the Year Ahead

This article surveys the current legislative proposals and, based on this review, provides in-house counsel with an outline of the most likely contours for any eventual data privacy and cyber security legislation affecting businesses.
12 minute read

The Legal Intelligencer

Demystifying Phantom Stock: How It Works and the Best Way to Structure a Plan

Despite the ghostly name, phantom stock is not quite as mysterious as it sounds. In essence, phantom stock is a deferred compensation plan that gives an employee a stake in a company's success without conferring an actual ownership interest in the company.
6 minute read

The Legal Intelligencer

E-Discovery's Evolution: Critical Implications for Law Firms, Providers

In 2006, Wired magazine published an article about the advent of the e-discovery industry. In it, the author notes that many e-discovery vendors at the time provided very similar services—harvesting electronically-stored information (ESI), electronically de-duplicating the data, then posting it for attorney review in, what was then, a select number of web-accessible document review platforms
6 minute read

Delaware Law Weekly

Del. Chancery Court Gives Plaintiffs Second Chance in Derivative Case Stemming From Oil Spill

Vice Chancellor Tamika Montgomery-Reeves ruled Thursday that the complaint from investor Inter-Marketing Group USA failed to establish demand futility by alleging that a majority of the Plains board likely faced personal liability in connection with the spill.
4 minute read

Delaware Business Court Insider

Plaintiffs Get Second Chance in Derivative Case Stemming From California Oil Spill

Vice Chancellor Tamika Montgomery-Reeves ruled Thursday that the complaint from investor Inter-Marketing Group USA failed to establish demand futility by alleging that a majority of the Plains board likely faced personal liability in connection with the spill.
4 minute read

Corporate Counsel

FCPA Corporate Enforcement Slowdown in the Current Administration? What Slowdown?

The tea-leaf readers and wishful thinkers have been predicting an FCPA corporate enforcement slowdown for years. Prior to 2015, sentiment was, in effect, that FCPA enforcement had enjoyed a long run, but all “good” things must come to an end.
6 minute read

The Legal Intelligencer

Managed Review and E-Discovery: Common Issues That Could Pop Up

Document review is, of course, a crucial phase in the production of discovery. Prior to the ascendance of computers, the documents involved would, typically, be contracts, letters, reports and other such documents, typed or handwritten and kept by the client in a file regarding the matter.
9 minute read

Delaware Business Court Insider

Navient to Face Investor Claims Over Student Loan Reporting

A Delaware federal judge ruled Tuesday that Navient Corp., one of that nation's largest servicers of student loans, must face claims that it had pumped up its stock price by hiding serious problems with its loan portfolio and other risks from investors.
4 minute read

Delaware Law Weekly

Del. Federal Judge Allows Investor Claims to Proceed Against Navient

A Delaware federal judge ruled Tuesday that Navient Corp., one of that nation's largest servicers of student loans, must face claims that it had pumped up its stock price by hiding serious problems with its loan portfolio and other risks from investors.
4 minute read

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