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Delaware Business Court Insider

Liquidating Trustee Succeeds to Privileges of Former Audit Committee

In In re Old BPSUSH, U.S. Bankruptcy Judge Kevin J. Carey resolved a dispute over control of attorney-client and work product privileges applicable to information generated in an investigation conducted on behalf of the corporate debtor’s former audit committee.
8 minute read

The Legal Intelligencer

Pa. Courts and the Limits of Corporate Criminal Liability in 'Pi Delta Psi'

What are the limits of criminal liability for corporate entities in the Pennsylvania courts? Can a business be banned from the state?
6 minute read

Delaware Business Court Insider

Chancery Forecloses Reliance on Technical Truths, Delayed Disclosures as Defenses to Disclosure-Related Breach of Fiduciary Duty Claims

Fiduciary duties are fundamental concepts in Delaware corporate law. Directors and officers owe duties of care and loyalty, and from these obligations flows a duty to disclose information to stockholders
6 minute read

Delaware Business Court Insider

Chancery Decides Questions of First Impression Regarding Statutory Claims for Unlawful Dividends and Fraudulent Transfers

Enforcement mechanisms available to creditors of Delaware corporations may include, inter alia, claims against directors to recover unlawful dividends under Section 174 of the Delaware General Corporation Law; and fraudulent transfer claims against the corporation and transferees including, where Delaware law applies, under Delaware's Uniform Fraudulent Transfer Act.
8 minute read

The Legal Intelligencer

Blowing the Whistle (Part 2): A Primer on the SEC's Whistleblower Program

The SEC and CFTC whistleblower programs were created only in 2010 through the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).
7 minute read

Corporate Counsel

Pursuit of a Regulatory Practice Dream: The Story of 2 Powerhouse Bank GCs Uniting 

Historically, financial regulatory lawyers have rooted themselves in New York or Washington, D.C. to develop thriving practices. Charlotte's resurgence as a financial center—now once again the nation's second largest banking center—coupled with the increasing availability of local, reasonably priced and talented banking practitioners, has changed all that.
7 minute read

Corporate Counsel

Insight Into the DOJ's Updated Guidance on Evaluation of Corporate Compliance Programs

This April the Department of Justice (DOJ) issued updated guidance on the evaluation of corporate compliance programs with the goal of assisting prosecutors in making informed decisions as to whether corporate compliance programs are performing effectively.
9 minute read

Delaware Business Court Insider

Amendments to DGCL and Alternative Entity Acts Permit E-Documentation, E-Signatures

The most significant changes affected by this year's amendments provide safe harbors for electronic documentation of certain acts and transactions and electronic signature of documents, and permit electronic delivery of stockholder notices, including appraisal notices.
9 minute read

The Legal Intelligencer

Breaking Down Benefits and Burdens When Nonprofits Restructure

Internal Revenue Code (IRC) 501(c) tax-exempt nonprofit organizations engage in corporate restructuring, too, and these activities can be equally complex, bringing their own set of unique considerations.
6 minute read

Daily Business Review

Neglect? Yes. Excusable? No. Florida Court Reinstates Ruling Over Defendant No-Show

The $43,000 judgment against a New York mortgage lender had been vacated on grounds of excusable neglect, but the Fourth District Court of Appeal ruled that was a mistake.
3 minute read

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