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New York Law Journal

Director Independence to Consider Pre-Suit Demand

Corporate Litigation columnists Joseph M. McLaughlin and Yafit Cohn review a recent Delaware decision that again signals those courts will closely scrutinize personal and business relationships that are asserted as compromising a director's ability to consider a pre-suit demand impartially.
19 minute read

Delaware Business Court Insider

Stockholder Denied Access to Tesla's Books and Records

The Delaware Court of Chancery has refused to open the books of electric carmaker Tesla Motors Inc. to a stockholder who accused the company of fabricating explanations for failing to meet its sales and production benchmarks.
8 minute read

International Edition

Sweatshops, Slavery and GCs

Two decades after retailers got blowback for their labor practices abroad, more top lawyers are stepping into business-focused roles and tackling sustainability and corporate social responsibility efforts.
30 minute read

New York Law Journal

Managing Your Company's Cybersecurity Risks

Gregory J. Bautista lays out some steps to implementing a cybersecurity plan that's right for your organization, writing that starting with cost-effective preventative and educational measures such as employee awareness training can be the best investment you can make.
17 minute read

New York Law Journal

Prioritizing Board Diversity

In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: In what has been called a "breakout year" for gender diversity on U.S. public company boards, corporate America showed increasing enthusiasm for diversity-promoting measures during 2016. Momentum toward gender parity on boards is building, particularly in the top tier of public corporations.
12 minute read

Delaware Business Court Insider

Chancery Court Scratches Nutrisystem Director Removal Bylaw

The Delaware Court of Chancery ruled Tuesday that a Nutrisystem Inc. bylaw requiring a two-thirds supermajority shareholder vote to remove directors was a clear violation of Delaware corporate law.
5 minute read

National Law Journal

Trump Taxes Targeted by Lawsuit Alleging Constitutional Breach

The lawsuit filed Monday targeting payments by foreign governments to President Donald Trump's businesses has a number of legal hurdles to clear, but one of the law professors who prepared the action said it may require disclosure of Trump's tax returns, which have been closely guarded.
13 minute read

New York Law Journal

Trumping the Constitution

In his Corporate Securities column, John C. Coffee Jr. analyzes the application of the Emoluments Clause to President-elect Donald J. Trump. He focuses on the specific nature of Trump's conflicts and how they expose him to foreign governmental pressure that will be largely invisible. He writes: Whether or not the Clause applies, tolerating the exposure of the President to foreign pressure is inexcusable.
22 minute read

National Law Journal

How VW's In-House Lawyers Screwed Up a Litigation Hold

The obstruction of justice charge filed against Volkswagen AG on Wednesday pertains not only to lies by employees to federal regulators, but also to actions by VW's in-house legal team, according to statements attached to the plea agreement.
9 minute read

The American Lawyer

Trump and Divestiture: The Lawyers Weigh In

As Donald Trump shatters norms underpinning American democracy, how should the legal profession respond? Not with excuses for him, that's for sure.
10 minute read

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