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New York Law Journal

Proxy Voting and the Future of Corporations

Corporate Governance columnists David A. Katz and Laura A. McIntosh address a significant debate that has developed in recent months regarding the purpose and future of corporations, the primacy of shareholder interests, and the role of the regulatory environment. The outcome could have a lasting impact on public companies.
10 minute read

Delaware Business Court Insider

Delaware Takes the Lead in Litigation Reform

The Delaware courts are leading the way to cure the problems that litigation critics complain of most. Recent Delaware Court of Chancery decisions are yet another example of that leadership. We begin to show how that is being done, by outlining the perceived problems.
7 minute read

Corporate Counsel

Counsel's Guide to AI in the Board Room

While there are a myriad of legal issues that AI touches, from privacy to liability standards, the implementation of AI in the board room is fundamentally a question of corporate governance. It is therefore important for corporate counsel to keep a clear analytical framework in mind in order to facilitate their board's responsible deployment of AI without simply throwing up road blocks.
6 minute read

Corporate Counsel

PSD2 Prep: Strong Customer Authentication and the Ramifications of US Merchants Doing Business in Europe

For many Americans, a trip abroad conjures up images of scenic vistas, Roman ruins or Parisian cafes. For U.S.-based businesses, however, doing business abroad is often less idyllic. Complicated four-character acronyms threaten operations at every turn.
5 minute read

Delaware Business Court Insider

Slights Greenlights Shareholders' Challenge to $256M Buyout of Telecom Firm

The ruling refused the Tangoe board's motion to dismiss a shareholder class action from former Tangoe investors who claim they were shortchanged in the company's April 2017 sale to Marlin Equity Partners.
4 minute read

Delaware Business Court Insider

Investors Resist Facebook's Bid to Dismiss Cambridge Analytica Data Breach Suit

In a Chancery Court filing made public Monday, plaintiffs argued that deep conflicts on Facebook exposed the Facebook directors to serious liability for their role in allegedly hiding from users, investors—and the U.S. Congress—Facebook's practice of sharing private data with outside parties.
4 minute read

Delaware Business Court Insider

Investors Resist Facebook's Bid to Dismiss Cambridge Analytica Data Breach Suit

Plaintiffs argue in a Chancery Court filing made public Monday that deep conflicts exposed the Facebook directors to serious liability for their role in allegedly hiding from users, investors—and the U.S. Congress—Facebook's practice of sharing private data with outside parties.
2 minute read

Delaware Business Court Insider

Bouchard Tosses Derivative Suit Over CEO's Stock Repurchases

Chancellor Andre G. Bouchard said that while Richardson Electronics' board did mislead plaintiff Steven H. Busch in the run-up to the litigation, it was unclear whether Busch had actually relied on those representations in deciding whether to make a demand that the directors consider pursuing their own litigation.
4 minute read

New York Law Journal

So You Want to Join a Bank Board? Ask About AML Risk Oversight

If you have been asked to join the board of directors of a financial institution, you should be asking yourself two questions: “What do I need to know in order to effectively oversee and hold management accountable for complying with AML laws and regulations?” and “What questions should I be asking management and the chief compliance officer (CCO) about the company's AML policies and U.S. sanctions programs?”
9 minute read

New York Law Journal

Dual Class Stock: The Shades of Sunset

Corporate Securities columnist John C. Coffee Jr. writes: The most important issue in corporate governance today is dual class capitalization, and the most important recent development is the petition submitted on Oct. 24, 2018 by the Council of Institutional Investors (CII) to both the New York Stock Exchange and Nasdaq, asking them to place a “sunset” on differentials in voting rights.
10 minute read

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