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Delaware Business Court Insider

Motions for Partial Dismissal Toll the Period for Answering the Entire Complaint for Del.'s Note Action Statute

Does a defendant in a complaint brought under 10 Del. C. Section 3901 concede or default on the allegations against it by moving to dismiss under Rule 12 only one of the counts in the complaint without first answering the complaint in whole or in part by affidavit?
7 minute read

The Legal Intelligencer

The Importance of Draftsmanship for In-House Counsel

The ability to effectively present a point or argument in writing is a vital skill for in-house counsel, something we can carry from our time in private practice.
7 minute read

Corporate Counsel

Why Is This a Problem? Invalid Private Right of Action Claims Create Work for GCs

A new 2020 CCPA Litigation Report from Akin Gump shows that more than half of the class actions filed under the CCPA last year didn't meet the regulation's narrow criteria for a private right of action—but GCs still shouldn't expect to see a slowdown in privacy-related litigation any time soon.
4 minute read

National Law Journal

Harvard Law's John Coates, Now at SEC, Reveals Consulting Income, Clients

The financial disclosure that John Coates filed also offered a rare public peek into the costs of corporate compliance monitors. He had been serving as the independent monitor for the U.S. Justice Department in the prosecution of Boston-based State Street Corp.
6 minute read

Corporate Counsel

Digital Vaccine Passports and the Legal Risks For Employers

While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business.
10 minute read

New York Law Journal

Integrating ESG Into Corporate Culture: Not Elsewhere, but Everywhere

In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh write that in order to be a meaningful factor in effectuating corporate purpose, ESG—or, more accurately, EESG (including Employees as well as Environmental, Social, and Governance)—must be integrated throughout corporate affairs, not just in the boardroom.
12 minute read

Delaware Business Court Insider

Court Addresses Common Choice of Law Issue in New Context—D&O Liability Insurance Policies

In a recent decision, the Delaware Supreme Court affirmed a ruling of the Delaware Superior Court that Delaware has a more significant relationship than California to a directors' and officers' liability insurance policy (D&O policy), at least when the dispute involves a Delaware corporation and its directors and officers.
8 minute read

International Edition

Will Malaysia's First MACC Corporate Liability Charge Set the Tone for Future Financial Crime Cases?

An offshore vessel services company became the first in Malaysia to be charged with a newly introduced provision that imposes corporate liability on both public and private companies whose employees are involved in corruption.
4 minute read

Daily Business Review

Tough Work Ahead for Goldman Sachs' Newly Appointed CLO and General Counsel

Smart strategy, purpose-driven leadership and effective communication with internal and external stakeholders will be key for the newly appointed Kathryn Ruemmler.
6 minute read

Delaware Business Court Insider

Breach of a Corporate Charter Provision: Fiduciary Fault or Contractual Claim?

While the courts of Delaware have routinely observed that the governance documents for Delaware corporations—the charter and the bylaws—reflect a type of contractual relationship between and among the stockholders, the corporation and the corporation's board of directors, such a contractual relationship does not always give rise to potential claims for breach of contract where directors are alleged to have caused the company to breach specific provisions of a charter.
6 minute read

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