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New York Law Journal

Preparing for a Legal and PR Crisis After Company Vaccine Mandates

The COVID-19 pandemic has created a very different crisis landscape than anything the corporate world has seen before, making organizations vulnerable to new, unprecedented problems and rendering most crisis management playbooks obsolete when it comes to managing legal and reputational risks.
8 minute read

The Recorder

Paul Weiss, UC Berkeley Team Up to Close Knowledge Gap in 'Existential' ESG Questions

"The pandemic, coupled with racial injustice, brought everything that is ESG to the surface," said David Curran, the executive director of the ESG and Law Institute and co-chairman of the ESG Advisory Practice at Paul Weiss.
4 minute read

New York Law Journal

Activist Investor Can Be Sued for Alleged Misstatements in Proxy Fight, US Judge Rules

Counsel for the prevailing party said the decision paved a path for public companies to sue investors who make material misrepresentations in proxy statements while aggressively seeking to change corporate governance.
4 minute read

Daily Business Review

Fla. High Court Codifies the 'Apex Doctrine': Discovery Protection for Corporate Decision-Makers

On Aug. 26, by a majority of 6–1, the Florida Supreme Court adopted, effective immediately, a new Florida Rule of Civil Procedure, codifying a long-recognized protection for high-level government officials and extending that protection, for the first time, to high-level corporate officers.
5 minute read

Corporate Counsel

Hiring the ESG Dream Team

It can also be challenging for law firms and corporations to hire lawyers who understand how to navigate these modern-day challenges in environmental, social and governance (ESG).
5 minute read

Litigation Daily

A 'Damned If You Do, Damned If You Don't'-Type Thing: ESG Disclosures and the Prospect of Future Litigation

Heidi Friedman and Renee Zaytsev of Thompson Hine, whose firm just surveyed 130-plus corporate leaders about their approach to environmental, social and governance matters, discuss whether the market's current focus ESG issues might spur litigation.
8 minute read

Delaware Business Court Insider

New Demand Futility Test Expected to Streamline Litigation in Derivative Lawsuits

"It's going to be a huge increase in efficiency for both lawyers and judges," said Francis Pileggi, a prominent corporate litigator and commentator.
3 minute read

Delaware Business Court Insider

'Aronson,' 'Rales' and … 'Zuckerberg': Del. Supreme Court Adopts 3-Part Demand Futility Standard

In affirming the Delaware Court of Chancery's decision, the high court concurred with the court-below's articulation of a new three-part standard to assess whether a derivative plaintiff meets her pleading burden to show that a pre-suit demand upon the board would have been futile.
6 minute read

National Law Journal

Ex-Wilmer Partner, CFTC Commissioner Named SEC General Counsel

The move reunites Dan Berkovitz with SEC Chair Gary Gensler.
3 minute read

Delaware Business Court Insider

Del. Supreme Court Approves Universal Demand Futility Test Used by Chancery in Facebook Case

The two tests that had been in use for decades are similar enough, Justice Tamika Montgomery-Reeves wrote, that with legal changes since they were decided, blending them modernizes and streamlines how demand futility is weighed.
4 minute read

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