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Delaware Business Court Insider

Recent Complaint Unsuccessfully Challenged 'Standard Plain Vanilla' Rights Plan

In Building Trades Pension Fund of Western Pennsylvania v. Desktop Metal, a stockholder plaintiff brought derivative claims against Desktop Metal, Inc., alleging that a provision of the company's rights plan, which was adopted in connection with a proposed merger transaction, impermissibly chilled the free exercise of stockholder voting with respect to the merger agreement at an upcoming stockholder meeting.
6 minute read

Corporate Counsel

Anti-DEI Suit Against Starbucks Goes Down Drain, But Other Suits Likely

"The use of shareholder lawsuits in this space is a real stretch. But I expect they will keep coming," Jason Schwartz, a partner at Gibson, Dunn & Crutcher, said.
3 minute read

Delaware Business Court Insider

Amazon Shareholders Say Online Retailer Lied About Excessive Expansion, Anticompetitive Conduct

Bielli & Klauder and Gainey McKenna & Egleston filed the latest complaint in the Delaware Court of Chancery. It is expected to proceed in parallel with a case in the Western District of Washington's Seattle Division.
3 minute read

Delaware Business Court Insider

Del. Supreme Court Affirms Rare Entire Fairness Win for Defense

The decision clears the way for an $875 million deal between financial services companies BGC Partners Inc. and Cantor Fitzgerald to move forward.
2 minute read

Corporate Counsel

'Divisive and Extreme': Lawsuit Assailing Target's ESG Agenda Shows How Dicey Topic Has Become

"Target's ESG and DEI mandates align with one end of the political spectrum: the left," according to a shareholder lawsuit filed this week.
7 minute read

Delaware Business Court Insider

The Delaware Rapid Arbitration Act: Prompt, Cost-Effective, Efficient and Underutilized

Delaware has a tool, and it remains underutilized: the Delaware Rapid Arbitration Act. The DRAA provides a structure for quick, streamlined and confidential arbitration.
7 minute read

Delaware Business Court Insider

Bank of America Shareholder Brings 'Massey' Claims Over Stalled Unemployment Payouts

The complaint alleges actions by Bank of America's 18 board members and six executive officers left the bank liable for $225 million in federal regulatory fines and fending off two lawsuits.
4 minute read

International Edition

Corporate Legal Departments Need to Show Their Value, GCs Say

In-house counsel need to be present and technology, including generative AI, is not going to be able to replace a business's trust in a human lawyer, chief legal officers said at the ALM General Counsel Summit in Sydney.
4 minute read

New York Law Journal

New York's New Beneficial Owner Disclosure Law Set To Leapfrog the Federal Corporate Transparency Act

The authors provide an outline of New York's "LLC Transparency Act" and provides a comparison with the Federal Corporate Transparency Act, highlighting their contrasting features.
8 minute read

Corporate Counsel

Shareholder Support for ESG Proposals Plunges as Subject Becomes Toxic

The voting occurred this spring as ESG critics stepped up their attacks on what they derisively call "woke" capitalism.
3 minute read

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