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International Edition

JD Sports Calls in Fieldfisher Following Cyber Attack

The attack has affected as many as 10 million customers.
3 minute read

Corporate Counsel

New ACC CLO Survey Provides Key Governance Guidance

Over the past several years, the Survey has been particularly valuable in identifying trends such as greater visibility of the CLO with the C-suite and the boardroom, and increased CLO operational authority over related functions such as compliance and ethics.
7 minute read

Delaware Business Court Insider

McDonald's 'Caremark' Case Stays on Track With Opinion Holding Officer to Oversight Duty

Vice Chancellor Travis Laster's groundbreaking opinion is the latest step in the Court of Chancery case alleging McDonald's and its management ignored red flags pointing to sexual harassment by former CEO Steve Easterbrook.
4 minute read

Law.com

Inside Track: How Legal Teams Can Help Keep Activist Investors at Bay

"If an activist does buy into a company, the company should seek to meaningfully engage with the activist, rather than ignoring them or dismissing them out of hand," the law firm Herbert Smith Freehills said in a client briefing.
5 minute read

Daily Business Review

Pension Managers Chase Returns Amid 'ESG' Uproar

Gov. Ron DeSantis and the Cabinet made changes that directed investment decisions to be based only on "pecuniary factors."
5 minute read

New York Law Journal

ESG in 2023: Politics and Polemics

Directors should also pay close attention to the ongoing cultural and political conflicts relating to ESG. With high stakes on all sides, the level of reputational risk in this area is likely to increase for the foreseeable future.
10 minute read

Delaware Business Court Insider

Chancery Limits Enforceability of 'Reasonable' Restrictive Covenant Agreements Under Delaware Law

Restrictive covenants—like noncompetition and nonsolicitation provisions—are common. A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used and makes clear that the covenant cannot be overly broad, even if the parties have agreed that it is "reasonable."
4 minute read

Delaware Business Court Insider

Del. High Court Overturns Landmark Chancery Ruling in 'Boardwalk Pipeline Partners'

Delaware's Supreme Court unanimously overturned a landmark Chancery Court judgment holding a general partner liable for exercising an option to cash out minority holders in bad faith reliance on a "contrived" legal opinion.
8 minute read

Corporate Counsel

Republican AGs Broaden Anti-ESG Crusade by Targeting Proxy Advisory Firms

"The state AGs are going after everyone in the supply chain. Everyone should be ready for scrutiny," said Chris Carlson, an associate at Troutman Pepper.
6 minute read

Corporate Counsel

Boards' Lack of Tech Savvy Poses Challenges for CLOs

"The lawyers in our survey gave remarkably consistent comments. ... They see the key risk as the board. They worry over its composition, quality and experience," Baker McKenzie wrote in a recently released report.
7 minute read

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