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Delaware Business Court Insider

Mindspring Lawyers Urge Del. Supreme Court to Overturn Chancery Opinion Faulting Take-Private Process

Justice Karen Valihura asked Andrew Rossman of Quinn Emanuel whether the Chancery decision included fact-finding that the high court should defere to.
3 minute read

Delaware Business Court Insider

Court of Chancery Invalidates Election of Directors Where Board Improperly Set the Record Date

This case illustrates that the court generally will not use Section 205 to validate a deliberate, intentional violation of a statute to set the record date for a meeting, at least when a short period of time passes between the defective action and the court proceeding.
4 minute read

The Legal Intelligencer

Alternatives to Restrictive Covenants in M&A Transactions

While restrictive covenants in the M&A context are not the primary focus of this ban, given the uncertainty in the current legal landscape and the potential hurdles to enforcement, buyers would be well-advised to find other ways to incentivize sellers not to compete with a target company after an M&A closing.
6 minute read

Corporate Counsel

Compliance Chiefs See Pay Surge as Regulatory Onslaught Buries Perception It's a Backwater Role

"Companies have increasingly trended toward moving the compliance function to an independent organization, sitting as a peer to the legal function." according a Major, Lindsey & Africa report.
3 minute read

Texas Lawyer

10 Principles That Will Guide the New Texas Business Courts in Breach of Fiduciary Duty Litigation

"Below are 10 principles that will guide the Texas business courts in breach of fiduciary duty litigation against corporate directors," write Baker Botts' Tom O'Brien, John Lawrence and Monica Smith.
15 minute read

Delaware Business Court Insider

Investor Claims Virgin Galactic Put Billionaire Space Race Over Safety, Netting Branson $1B

The lawsuit alleges that Branson made over $1.1 billion by selling Virgin Galactic shares at a price artificially inflated by safety issues not being publicly known.
3 minute read

Corporate Counsel

Disney's Black Eye Over Arbitration Gambit Likely to Linger, Underscoring PR Risks of Spurning Courts

"What resonates longer is the way that people will feel about Disney, not the recollection of why they feel that way," said Aaron Davis, a partner at Davis Goldman.
6 minute read

Delaware Business Court Insider

Chancery Orders Unisys to Foot Ex-Exec's Legal Bill, Highlighting Power of Contra Proferentem Doctrine

In Gilbert v. Unisys, the Delaware Court of Chancery ruled that information technology company Unisys Corp. must advance legal fees incurred by two former employees. The underlying lawsuit filed by the company in Pennsylvania federal court alleges trade secret infringement by the former employees.
6 minute read

National Law Journal

Mayer Brown Lands DOJ FCPA Assistant Chief

"I did reach a point where a lot of my cases were sort of wrapping up," Sonali Patel said, "and it felt like a good time to see if there was the right opportunity in the private sector."
3 minute read

Daily Business Review

Ethics and Compliance: A Competitive Advantage

Compliance has evolved beyond a mere regulatory obligation; it's now a strategic asset for driving business success in today's data-driven world. It enables organizations to build trust, stand out in the market, minimize risks, boost operational efficiency, and strengthen their credibility.
6 minute read

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