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The Legal Intelligencer

What to Know Before Signing a Commercial Nondisclosure Agreement

Entities that are about to enter a partnership, merge or perform a transaction would be well-advised to get up to speed on how they handle commercial nondisclosure agreements (NDAs).
5 minute read

Delaware Business Court Insider

Investor's Desire to Criticize Proxy Contest Transactions Does Not Sustain Books and Records Request

In denying the stockholder's inspection request, Vice Chancellor Joseph R. Slights III acknowledged that the law is "murky" in this area, but reasoned that the court need not answer the question in the abstract, because the circumstances of this case counseled in favor of denying the inspection.
5 minute read

Corporate Counsel

Could a Legal Operations Role Benefit Your Organization? Here's How to Decide

Between recruiting new talent, creating budgets, cooperating with outside counsel, managing billing issues, overseeing diversity and inclusion initiatives, and staying abreast of rapidly evolving technologies, general counsel and chief legal officers are increasingly finding themselves with less time to practice law.
6 minute read

Corporate Counsel

Managing Communications During an Internal Investigation

As an employer, what you say is just as important as what you do. Internal investigations carried out by HR, compliance and legal professionals are no exception.
6 minute read

Delaware Business Court Insider

If It Looks Like a Duck: Chancery Court Knows a Demand When It Sees One

Whether a letter to a board is a "demand" matters under Delaware law because it dictates the standard that applies in stockholder-derivative litigation that may arise out of the issues raised in the letter.
6 minute read

New York Law Journal

Banks and Whistleblowers: Regulators Pounce

2019 has been a year of increased regulatory scrutiny of banks' and other financial institutions' whistleblower investigation protocols and codes of conduct. Two recent enforcement actions present extraordinary cautionary tales. As Philip M. Berkowitz discusses in his Employment Issues column, each of these matters involved individuals with high level compliance responsibilities, who apparently made very bad decisions, which resulted in enormous monetary and reputational damage to their employers as well as themselves.
10 minute read

Daily Report Online

In Memoriam: Determination Drove David Baker's Tireless Commitment to Family, Law and Service

"We (then) young lawyers marveled at his stamina, drive and desire to be of service at every opportunity. But David brushed aside our praise. As he often pointed out, all it took was effort."
4 minute read

Corporate Counsel

2019 Trends in Bet the Company Class Actions

The common law trends in bet the company class actions have been overall favorable for defendant businesses in 2019. The U.S. Supreme Court issued two more decisions enforcing arbitration agreements and class action waivers.
14 minute read

The Legal Intelligencer

World's Leading Companies Take Stand in Support of Diversity

On July 3, 206 of the world's leading companies (representing 7 million workers and $5 trillion in revenue) joined an amicus brief to urge the U.S. Supreme Court to apply federal job discrimination protection under Title VII of the 1964 Civil Rights Act to sexual orientation and gender identity in three LGBTQ discrimination cases.
4 minute read

The Legal Intelligencer

When to Hire Outside Lawyers to Conduct an Internal Investigation

The call for an internal investigation, not unique in the wake of the #MeToo movement, is not simply confined to the media and entertainment industries—although we may know more about them due to the high profile of many of those involved.
9 minute read

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