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National Law Journal

Divided Fifth Circuit Scraps Obama-Era 'Fiduciary Rule'

The U.S. Court of Appeals for the Fifth Circuit on Thursday divided 2-1 in striking down the Obama-era U.S. Labor Department's fiduciary rule. The regulations, targeting conflicts of interest in the retirement-savings industry, expanded the definition of "fiduciary." Business groups challenged the rule.
6 minute read

Connecticut Law Tribune

Florida Attorney, Developer Charged in Connecticut With Immigrant Investor Fraud

The pair allegedly stole money meant for a Palm Beach condo-hotel project and misled investors into thinking prominent people, including now-President Donald Trump, would be involved in the development.
3 minute read

National Law Journal

Average Shareholder Settlement Value Dropped 75 Percent Last Year, Report Says

Laura Simmons, senior adviser at Cornerstone and co-author of the report, said the cases last year were just smaller.
4 minute read

Corporate Counsel

SEC Issues Cybersecurity Guidance to Public Companies

A majority of large public companies currently use risk factor disclosures to highlight cybersecurity risks. In the Commission's view, this approach may be insufficient.
8 minute read

The Legal Intelligencer

Second Circuit Provides Helpful Guidance for Rebutting Price Impact

Earlier this year, a panel of the U. S. Court of Appeals for the Second Circuit issued an opinion in the securities fraud action, Arkansas Teachers Retirement System v. Goldman Sachs Group, 879 F.3d 474 (2d. Cir. 2018), that provides district courts with long-overdue guidance for assessing a defendant's rebuttal evidence at the class certification stage.
10 minute read

Delaware Business Court Insider

Important Lessons From 'In re Oxbow Carbon' for Drafting Joint Venture Exit Provisions

The Delaware Court of Chancery recently issued an opinion that offers useful guidance for parties seeking to draft joint venture exit provisions.
10 minute read

Delaware Business Court Insider

Delaware Public Policy Does Not Preclude D&O Insurance Coverage for Fraud

In Arch Insurance v. Murdock, a D&O insurance coverage dispute, the Superior Court's complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause, Delaware law applies to Delaware corporations' D&O insurance policies, and that Delaware public policy does not prohibit insuring losses from insureds' breaching the fiduciary duty of loyalty through fraudulent conduct.
6 minute read

National Law Journal

Class Action Targets Alleged Manipulation of Wall Street's 'Fear Index'

A federal class action lawsuit is seeking to uncover key players behind the alleged widespread manipulation of Wall Street's "fear index," which plaintiffs claim has resulted in potentially hundreds of millions of dollars in losses to investors nationwide.
4 minute read

Corporate Counsel

Climate, Political Spending, Gender Issues Top List of Proxy Resolutions

Some 429 shareholder resolutions have been filed as of mid-February, dealing with a wide range of issues, according to a new report.
3 minute read

New York Law Journal

Cybersecurity: NY's Midsize Law Firms to Face Increased Scrutiny

Big banks put the pressure on Big Law first when concerns about cybersecurity came to the forefront, experts say. But now, midsize law firms that have successfully competed for some of that business will lose those clients if they don't meet the same cybersecurity standards as the big firms do.
6 minute read

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