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Corporate Counsel

Executives in Crosshairs as FTC Bears Down on Companies Over Data Breaches

"I think the majority of the commission believes that the only way you're going to get adequate senior leadership's attention to these issues is to say, 'If it doesn't work it's your fault,'" said William Kovacic, a former FTC chairman.
6 minute read

International Edition

Law Firm Diversity Remains Important for In-House Teams Despite Costs Pressures

The research also found that many corporates had work to do when it came to their own diversity efforts.
2 minute read

Delaware Business Court Insider

Snap Shareholders, in New Lawsuit, They Should Have Say in Grant of Officer Exculpation

All three suits were filed by Bernstein Litowitz Berger & Grossmann, though partner Mark Lebovitch said the three cases aren't a signal that many more will follow.
3 minute read

Delaware Business Court Insider

CEO Hired for FTX Restructuring Sees 'Complete Failure of Corporate Controls'

The declaration by John Ray, the Chicago lawyer who has been installed as CEO of FTX, included the first public signs of what might become of the cryptocurrency exchange as it's untangled in the bankruptcy court.
4 minute read

Corporate Counsel

Two-Minute Drill: Check In on Upcoming State Privacy Laws Now

If your organization or your clients, like many others, are looking at the deadlines for the upcoming state data privacy laws with growing trepidation, you are certainly not alone. Hopefully, you did not postpone all work on your compliance initiatives for upcoming laws out of a hope for broad federal preemption.
10 minute read

Law.com

Law Firms' Unhealthy Obsession With Office Returns: The Morning Minute

The news and analysis you need to start your day.
6 minute read

Delaware Business Court Insider

'Sheer Pain': Elon Musk Says Lofty Compensation Plan Goal Was Nearly Impossible to Meet

"If you're in enough lawsuits, you pick up a few things along the way," Musk said to the shareholder's lawyer questioning him in an examination that often turned contentious.
3 minute read

Delaware Business Court Insider

Dell Agrees to Record $1B Cash Settlement With Shareholders Before Chancery Trial

Attorneys with Quinn Emanuel Urquhart & Sullivan and Labaton Sucharow are co-lead counsel for plaintiffs who held a total of about 200 million shares in the computer maker.
3 minute read

New York Law Journal

Federalism and Proxy Contests: What Should Be the Balance Between the State and Federal Roles?

Is it (or when is it) legitimate for corporate management to reject a nomination in a director election (given that management is usually self-interested)? This column's answer will be that an independent corporate board is entitled to take actions (including through bylaws amendments) that generate greater transparency and material information—subject to judicial review.
10 minute read

Delaware Business Court Insider

Three Lessons From Three Years of Post-'Marchand' Caselaw

This article offers a high-level snapshot of the current state of Caremark jurisprudence by highlighting three key takeaways from the 21 published trial court opinions addressing motions to dismiss Caremark claims issued post-Marchand.
7 minute read

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