New York Law Journal | Analysis
By Christiane Schuman Campbell and Nanette Heide | October 28, 2019
Corporate social responsibility has emerged as a key factor that can significantly impact a brand's value. Brands that refuse to embrace CSR face potential diminution in value or, even worse, the slow and painful death known as irrelevance.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | October 16, 2019
In their Corporate and Securities Litigation, Margaret A. Dale and Mark D. Harris discuss a recent Delaware Supreme Court decision in 'Tiger v. Boast Apparel', holding that documents produced pursuant to books-and-records inspection requests under §220 of the Delaware General Corporation Law are not subject to a presumption of confidentiality. Rather, while courts can impose confidentiality restrictions in appropriate cases, there must be some justification that the confidentiality is necessary and indefinite periods of confidentiality should be the exception and not the rule.
New York Law Journal | Commentary
By Neil Whoriskey | October 11, 2019
Before we get too excited about whether these CEOs are grasping the mantle of government to act on behalf of the citizenry and other people who aren't paying them, there is the prior question of whether, as a matter of Delaware law, they can.
By Tom McParland | October 9, 2019
A familiar cast of characters, led by former Harvard law professor Alan Dershowitz, is set to return to Wilmington Thursday afternoon for a contempt hearing in a bitter billing dispute with the custodian appointed to oversee TransPerfect's forced sale in 2015.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 9, 2019
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the recent pair of federal court decisions—'House v. Akorn' and 'Scott v. DST Systems'—which highlight courts' willingness to probe supplemental disclosures to ascertain whether shareholders received a material benefit warranting an award of attorney fees, as part of a settlement or otherwise.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 25, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: The short-term/long-term, shareholder/stakeholder debate is likely to become more intense, and more political, in the near future. As the landscape of corporate governance shifts around them, companies should seek firm ground on a foundation of business success by creating and implementing a strategic plan over a time horizon that will maximize both growth and profitability.
By Tom McParland | September 16, 2019
According to an amended complaint filed last week in Manhattan federal court, AT&T management overreported the number of customers who had signed up for the company's $35-per-month product, leading investors to believe it was well-positioned to compete with cheaper online streaming services such as Netflix and Hulu.
By Tom McParland | September 13, 2019
The proposed settlement, announced last May, came as a win for activist investors Carl Icahn and Darwin Deason, who agreed to drop claims in a consolidated class action in exchange for the resignation of Xerox's CEO and five other board members.
The American Lawyer | Commentary
By Vivia Chen | September 11, 2019
While legally there appears to be no conflict, the elite law firm's connections to L Brands and its leader make the probe seem off-kilter.
New York Law Journal | Analysis
By Efrem Z. Fischer | August 28, 2019
Breach of fiduciary duty and constructive trust claims are being asserted in the context of familial business relationships with greater frequency. In that context, the requirement of the existence of a confidential or fiduciary relationship becomes the key element and the primary focus for analysis with respect to the ultimate merits of the constructive trust and breach of fiduciary causes of action.
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