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Delaware Business Court Insider

Laster Allows Fresenius to Cancel $4.3B Akorn Acquisition, Citing 'Material Adverse Change'

The Delaware Court of Chancery on Monday allowed Fresenius SE to walk away from its planned $4.3 billion deal to acquire generic drugmaker Akorn Inc., ruling that a series of regulatory compliance issues at Akorn had allowed Fresenius to terminate the merger.
5 minute read

The Recorder

State's New Quota for Women on Corporate Boards Could Move the Needle on Diversity

"When it's illegal not to find women they tend to be found," said Olga Mack, the founder of Women Serve On Boards.
3 minute read

Delaware Business Court Insider

Schnatter Makes Case for Access to Papa John's Records as Del. Trial Opens

An attorney for Papa John's founder John Schnatter said Monday that he was confident his client would obtain access to company records related to his ouster from the pizza chain, in a multifaceted legal battle playing out in the Delaware Court of Chancery.
5 minute read

Corporate Counsel

Despite Pressures, Major Companies Continue to Disclose or Prohibit Political Spending

A new study indicates that even as attitudes toward disclosure in Congress and the White House become more negative, companies are still apt to reveal political spend.
4 minute read

Corporate Counsel

Transparency on Corporate Political Spend Is Trending, but Risks Loom Large

An increasing number of public companies in the past several years have voluntarily opted to disclose corporate donations above and beyond what is required by law, but doing so often exposes the businesses to backlash from shareholders.
3 minute read

Corporate Counsel

Add Rocket Science to Your Risk Assessment With NASA Process

Programs just don't work without the right talent. Smart compliance leaders get that. Once companies figure out the people piece (which is not easy), evaluating the risk environment and regulatory requirements helps companies develop programs to address those areas across different subject matters and business units.
8 minute read

The Recorder

Demand for Female Directors Rises With Bill Mandating More Women on Boards

Lawyers from O'Melveny & Myers and Wachtell, Lipton, Rosen & Katz weigh in on a bill—the first of its kind in the U.S.—that sets quotas for female board members for public companies based in California.
9 minute read

The Recorder

San Francisco Investment Firm Settles SEC's Fraud Claims for $4.27M

A San Francisco-based investment advisory company, its founder and a former executive will pay a total of $4.27 million to settle federal securities regulators' claims that they improperly diverted investors' funds to the company's parent firm for their own benefit, according to the terms of a settlement announced Friday.
4 minute read

New York Law Journal

Disclosure of the CEO Pay Ratio: Potential Impact on Stakeholders

Executive Compensation columnist Joseph E. Bachelder III writes: 2018 is the first year in which public companies have been required to report the “CEO Pay Ratio.” The CEO Pay Ratio for a reporting company represents the ratio of the total pay of the CEO to the total pay of the “median employee” at that company.
8 minute read

New Jersey Law Journal

The "New" Forum Selection Clause: NJ Corporations Take Notice

In January 2018, six amendments were made to the New Jersey Business Corporation Act. One authorizes New Jersey corporations to adopt what is often referred to as a forum selection by-law.
8 minute read

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