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Delaware Business Court Insider

Recent Cases Emphasize the Holistic Evaluation of Director Independence in the Demand Futility Context

Delaware law has long recognized that significant personal or professional ties to a party who would be a defendant in the prospective derivative claim, like a conflicted controlling stockholder, is grounds for finding a director lacks independence.
6 minute read

Delaware Business Court Insider

In Pari Delicto: Neither Fish Nor Fowl

In a somewhat unusual case, Vice Chancellor Morgan T. Zurn addressed the question whether in pari delicto is an equitable or a legal defense.
5 minute read

Corporate Counsel

Five Ways Legal Technology Can Help Navigate Knowledge Management

Legal technology provides several advantages to firms, giving them the ability to capture legal knowledge, collaborate with colleagues and share knowledge and opinions in real time.
5 minute read

The Legal Intelligencer

Corporate Boardroom Diversity: The Pressure's On

Champions of diversity have echoed that the ongoing lack of boardroom diversity is not only problematic in an increasingly diverse society, but that boards risk missing the opportunities for concrete improved business results and enhanced overall board effectiveness if they lack diversity.
10 minute read

The American Lawyer

Nelson Mullins Picks Up 3-Partner Team From CKR Law

The three partner departures come a month after a team of four left to BurgherGray in Miami.
4 minute read

Corporate Counsel

The Role of Corporate Counsel Under the Business Roundtable's New Purpose

Thanks to the Business Roundtable, the purpose of corporations is expanding, and it is only natural that boards and officers will turn to the versatile corporate counsel for guidance.
5 minute read

Delaware Business Court Insider

Complaint Dismissed Against Managers of a Del. LLC Where Plaintiffs Fail to Allege Standard of Conduct Violation

Under Delaware law, the members of a limited liability company may eliminate or modify the common law fiduciary duties of loyalty and care in their operating agreement. When they do so, Delaware courts will analyze any alleged management misconduct under the standard of conduct to which the parties agreed.
4 minute read

New York Law Journal

The 2019 Proxy Season Hints at New Challenges

The slight but noticeable growth of the nascent movement against the use of environmental, social, and political factors in corporate decision-making is an early warning signal to CEOs and directors that a challenge in coming years will be to manage divisive political issues without alienating large groups of stakeholders. In their Corporate Governance column, David A. Katz and Laura A. McIntosh write that this is likely to be an increasingly difficult task.
8 minute read

Daily Business Review

Attorneys Detail French Company's $223 Million Buyout of US Spirits Maker

The Miami-based attorney duo represented Castle Brands in its acquisition by Pernod Ricard.
4 minute read

Corporate Counsel

Part II—Five Tricky and Trending Fifth Amendment Issues in Corporate Criminal Investigations

Part I of this article series explored the legal basics of how the Fifth Amendment applies in the corporate context. Now we'll explore five cutting-edge Fifth Amendment issues affecting corporate criminal investigations—triggered by technological change and the rise of cross-border investigations.
14 minute read

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