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Corporate Counsel

Elon Musk Is Out of Control: It's the General Counsel's Fault, Suit Alleges

"When you've got a strong-minded, strong-willed leader, it is going to be challenging," said former Airbnb Inc. general counsel Rob Chesnut.
4 minute read

Law.com

4th Circuit: Market Risks Hindsight Is Not Enough to Support Securities Fraud Claim

Statements and omissions arising from legitimate, subjective business judgments that allegedly become misleading only with the benefit of hindsight are insufficient to create the "strong inference" of intent necessary to satisfy the heightened standard for pleading a securities fraud claim.
6 minute read

International Edition

Number of Women GCs on Canadian Public Company Boards Rising

A report released by Canadian law firm Blake Cassels & Graydon found that 66% of the GCs on the boards of companies on the S&P/TSX Composite Index are women.
5 minute read

Corporate Counsel

Data Is Fueling Corporate Diversity Efforts—But Is It Safe?

Businesses and other organizations are using data to help create benchmarks around ongoing efforts to improve diversity and inclusion. However, with a patchwork of data protection regulations to worry about, some companies may begin hesitating to collect or use such information for fear of coming into conflict with the law.
5 minute read

Corporate Counsel

Corporate ESG: From Policy to Action

Corporate ESG integration is becoming less optional every day, driven by increasing regulation, investor demand and the recent embrace of stakeholder capitalism. Headline announcements—like GM's 2035 target for manufacturing only electric vehicles and the U.S. government's goal to replace its entire fleet with electric cars and trucks—do not tell the whole story.
6 minute read

Delaware Business Court Insider

Transferring Cases From Chancery Court to Superior Court: A Step-by-Step Guide

This step-by-step guide was created after many years of "trial and error" and eventual success transferring several cases from the Court of Chancery to Superior Court.
4 minute read

Delaware Business Court Insider

Chancery Court Strikes Down Anti-Activist Poison Pill as Unreasonably Broad

In a recent post-trial decision the Delaware Court of Chancery upheld a stockholder challenge to a "poison pill" rights plan adopted by The Williams Companies' board of directors, declaring the plan unenforceable and issuing a mandatory injunction against its continued operation.
7 minute read

New Jersey Law Journal

Spur and Protect Your Company's Innovations: Making an IPIP Work for You

There are myriad reasons for companies to implement an intellectual property incentive program (IPIP). More than a paycheck, an IPIP offers rewards and recognition for contributing to the company's IP portfolio. But, be sure to avoid these 10 pitfalls.
9 minute read

Delaware Business Court Insider

Chancery Rejects Proposition That Accounting Principles Must Be Consistently Applied During True-Up Process

The Delaware Court of Chancery rejected a purchaser's efforts to prevent a seller from adopting a method of calculating the post-closing purchase price adjustment that was inconsistent with the seller's pre-closing accounting practices.
6 minute read

Delaware Business Court Insider

The Doctrine of Unclean Hands as Guardian of Equity

The question posed by the vice chancellor was whether a petitioner could invoke equity to benefit from her own illegal act as a trustee. He answered no—that to apply equity in favor of the trustee, allowing her to benefit from her own unlawful act, would sully equity itself.
7 minute read

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