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Delaware Business Court Insider

In New AmerisourceBergen Decision, Chancery Applies 'Separate Accrual' Laches Analysis for 'Caremark' Red-Flags Claims

The Delaware Court of Chancery largely rejected arguments that laches barred fiduciary duty claims against AmerisourceBergen's directors and officers for acting in bad faith by disregarding red flags in safety reporting and monitoring systems and knowingly operating the business in a manner to violate positive law.
6 minute read

Law.com

How I Made Practice Group Chair: 'Be a Culture Carrier and Reinforce the Values of Your Firm,' Says Audra Cohen of Sullivan & Cromwell

"Say yes to opportunities, even outside of your comfort zone."
6 minute read

Corporate Counsel

Covering Your Bases: Key 2023 Trends in Board Governance 

Strong corporate board governance has never been more important as we head into a new year. It is the linchpin to building high performing organizations and helping organizations stay nimble as they face economic headwinds.
8 minute read

Delaware Business Court Insider

After Putting on Brakes for Class Actions, EV Derivative Suits Gear Up for 2023 Dates

Across the total of five federal and three Chancery matters pending in Delaware against EV companies, three are currently stayed entirely, on hold for separate securities class actions.
3 minute read

New York Law Journal

'Caremark' Liability Following the SEC's New ESG Reporting Requirements

Recent developments in the Court of Chancery concerning a corporate board's duty to monitor and provide oversight over a corporation's operations—so-called 'Caremark' claims—are likely to intersect with the SEC's proposed new ESG disclosure obligations to create a new category of corporate risk. This article discusses the recent trends in Delaware law that have led to a revitalization of 'Caremark' and the SEC's current proposals for enhanced ESG disclosure.
8 minute read

Delaware Business Court Insider

Creditors as 'Real Party in Interest' to Prosecute Section 225 Litigation

In the latest installment of a long-running dispute, Vice Chancellor J. Travis Laster recently issued a memorandum opinion denying a motion to dismiss and granting a partial motion for summary judgment in expedited proceedings pursuant to Section 225 of the Delaware General Corporation Law in Hawk Investment Holdings v. Stream TV Networks.
6 minute read

New York Law Journal

SolarWinds: Lessons for Defending Boards in the Aftermath of Cyber Attacks

There is no doubt that cyber attacks are here to stay and that companies will continue to face lawsuits as a result of being hacked. Although consumer and shareholder class actions have traditionally been the focus of the plaintiffs' bar in this area, derivative lawsuits are on the rise.
7 minute read

International Edition

GCs Must Navigate ESG and Stakeholder Activism 'Minefields', According to Lex Mundi Report

The report follows Lex Mundi's annual two-day summit of major companies' senior counsel.
4 minute read

Delaware Business Court Insider

Shareholder Says Disney's Opposition to Florida's 'Don't Say Gay' Law Harmed Company

A shareholder Plaintiff Kenneth Simeone, represented by Sean Bellew and California firm LiMandri & Jonna, is seeking documents related to the company's stated opposition to the Parental Rights in Education bill.
3 minute read

Corporate Counsel

Data Challenges and 7 Legal Operations Trends That Support the Need for E-Discovery Maturity

Today, legal teams deal with many data types from multiple sources—and the data amounts to much more than they need. In part, that's because the cost of storing data is plummeting, and because mining data has numerous business benefits.
6 minute read

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