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Delaware Business Court Insider

Venture Capital Firms Did Not Constitute a Control Group Barring Stockholder Direct Claims for Dilution

To avoid demand futility and standing requirements for a derivative claim, the plaintiff stockholders in Sheldon v. Pinto Technology Ventures attempted to plead a direct claim for dilution of their voting and economic interests by alleging that several venture capital firms constituted a "control group" of stockholders under Gentile.
4 minute read

Daily Business Review

5 Things Law Firms Should Do Now to Be a GC's Most Trusted Counsel

At a recent Legal Marketing Association South Florida meeting, general counsels of local corporations detailed how they select outside counsel and why they fire them. They shared insights in a program that Richard Montes de Oca, managing partner of MDO Partners, moderated.
5 minute read

Delaware Business Court Insider

Chancery Applies 'Statutory Override' to Uphold Privilege for Emails Hosted on Adversary's Server

A recent Delaware Court of Chancery letter opinion presents an interesting twist concerning the applicability of the attorney-client privilege to emails between a party and his attorneys where the emails were stored on a server controlled by the adverse party.
7 minute read

Delaware Business Court Insider

What Is Oversight? Del. Courts Continue to Provide Clarification Post-'Marchand'

Marchand v. Barnhill seemingly breathed new life into the viability of Caremark claims in Delaware.
6 minute read

Corporate Counsel

The Clock Is Ticking: Three Steps Toward CCPA Compliance

New Year's Day is fast approaching, and with it, the deadline for compliance with the California Consumer Privacy Act (CCPA)—the Golden State's new data privacy law and the strictest in the nation.
5 minute read

The Legal Intelligencer

No Private Equity Fund Responsibility for Company's Pension Withdrawal Liabilities

The First Circuit found the funds did not constitute an implied partnership-in-fact, reversed the decision of the district court, and held withdrawal liability could not be imposed.
10 minute read

Corporate Counsel

Know When to Shut Up and Listen

I realize that career advice columns often boil down to a variation on the phrase, "use common sense." Yet, I was reminded recently that some lawyers can make $800,000 and fail to practice that concept.
3 minute read

Delaware Business Court Insider

Chancery Denies Shareholders' Books-and-Records Inspection in Furtherance of Potential Proxy Contest

Shareholder inspection of books and records pursuant to Section 220 of the Delaware General Corporation Law is a routine procedure for Delaware practitioners, and represents an important tool for shareholders when it comes to their involvement in corporate governance.
7 minute read

Corporate Counsel

Prepare for Reputational Threats Now to Protect Your Organization Later

Companies and other organizations must constantly be prepared to respond to threats to their integrity, and, thus, their reputation.
8 minute read

New York Law Journal

Gibson Dunn's Boutrous Asks 2nd Circuit to Uphold Dismissal of City's Climate Change Suit

Attorneys for New York City maintain that the case is not about emissions at all. Rather, they contended the companies should be held responsible for social costs they knew would result from the production and sale of fossil fuels to consumers.
4 minute read

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More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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