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Delaware Business Court Insider

Court of Chancery Rules That Corporate Officers Have a Duty of Oversight Within Their Corporate Area of Responsibility

While the Stone v. Ritter decision only recognized the oversight duties of directors, three years later, the Delaware Supreme Court ruled that "the fiduciary duties of officers are the same as those of directors." See Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009).
6 minute read

Daily Business Review

Erosion of the Rule of Law: A Growing Enemy for Ethics and Compliance in LatAm

In a post-pandemic world, the rule of law is universally losing ground. This represents a threat to the corporate realm, which struggles daily to make ethics and compliance a priority.
5 minute read

The Recorder

Are Sustainability and Competition Truly Incompatible?

Because competitor collaboration creates the risk of antitrust liability, industries may have to thread the needle between advancing social values and avoiding criminal or civil antitrust liability.
6 minute read

Corporate Counsel

Shareholder Sues Dollar General After OSHA Assesses $15M in Safety Fines and Says Chain 'Puts Profits Over People'

The lawsuit alleges a "sustained failure of the Dollar General board members to implement and maintain an effective system of internal controls." The company and longtime general counsel Rhonda Ferguson did not respond to requests for comment.
4 minute read

Corporate Counsel

'Guardians of the Organization': GCs Embrace Role as Corporate Conscience but Don't Always Win Out

General counsel have "doubled down" on upholding department values, such as DEI and ESG, even as economic uncertainty increases companies' focus on the bottom line.
2 minute read

Corporate Counsel

Is Apple CEO's Pay Cut a Turning Point for Executive Compensation?

The tech giant cut Tim Cook's target pay by 40% to be "responsive to shareholder feedback," as reflected by the growing number of "no" votes on its "say-on-pay" proposal. Other companies are feeling similar pressure.
5 minute read

Delaware Business Court Insider

Chancery Court Sustains M&A Fraud Claims Based on Near-Term Financial Projections

In recent years, litigation over financial projections has increased in frequency. These claims, sometimes involving allegations of fraud, are typically decided by the Delaware Court of Chancery or the Delaware Superior Court's Complex Commercial Litigation Division.
7 minute read

National Law Journal

Separating Substance From Politics: Two Attorneys' China Investigations Tool Box

Many major U.S. corporations are currently assessing their vulnerabilities in any investigation by the 'China Committee', mapping out in detail how they will address vulnerabilities and what their defensive narrative will be in any investigation.
8 minute read

Delaware Business Court Insider

Delaware Supreme Court Delivers Resounding Reversal of Chancery Court Ruling in 'Boardwalk Pipeline Partners'

'Twas the week before Christmas, and the Delaware Supreme Court delivered an early present to Loews Corp.: a resounding reversal of a 2021 Delaware Court of Chancery ruling excoriating the entire process through which Boardwalk Pipeline Partners' general partner took the company private and awarding the plaintiff investors with nearly $700 million in damages, plus interest.
10 minute read

Delaware Business Court Insider

'It's Really Created a Buzz': Could McDonald's Decision Expand Scope for 'Caremark' Litigation?

The decision over McDonald's officers' liability for fostering a climate of sexual harassment has Delaware lawyers buzzing over how much of it it new law and what the impacts will be.
4 minute read

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