New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | March 28, 2023
In the case of prior or pending litigation exclusions, the policyholder-insurer dispute is typically over whether a later filed claim arises out of the same subject matter or alleged activities as a prior or pending litigation.
New York Law Journal | Analysis
By Catherine Castaldo, Anthony Diana and Lauren Weaver | March 21, 2023
Most organizations have struggled to properly address the challenges with governance of technology and data, particularly with legal and regulatory risks, including cyber-security. Creating a General Counsel Office for the IT department who would be responsible for managing all legal and regulatory risks associated with technology and data, would go a long way to help solve this problem.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | March 15, 2023
In a recent decision by Vice Chancellor J. Travis Laster of the Delaware Court of Chancery, the former is called the "Red-Flags Theory" of liability, as set forth in In re Caremark International Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996), while the latter is called the "Massey Theory" of In re Massey Energy, 2011 WL 2176479 (Del. Ch. May 31, 2011
Delaware Business Court Insider | News
By Ellen Bardash | March 14, 2023
Saxena White lawyers are saying an investment bank is undermining the core Delaware legal concept that a corporation is meant to be controlled by its board of directors.
By Jessie Yount | Justin Henry | March 14, 2023
As clients scrambled to access and move funds from Silicon Valley Bank accounts over the weekend, many law firms quickly pivoted to provide resources and guidance.
By Peter A. Mahler and Matthew D. Donovan | March 3, 2023
Last year the Commercial Division rejected the New York Attorney General's bid to dissolve the National Rifle Association based on allegations of financial impropriety by some of its top executives. In addition this case, this column highlights several appellate decisions in cases brought under Section 1104-a of the BCL complaining of minority shareholder oppression, and a trial court's decision denying dismissal of a complaint seeking judicial dissolution of a limited liability company whose real estate development project stalled for over a decade.
New York Law Journal | Analysis
By Joseph Lipari and Aaron S. Gaynor | February 28, 2023
While most of the updated regulations correspond to New York's own corporate tax reforms, others take the opportunity to address recent court decisions and similar impetuses for change.
New York Law Journal | Expert Opinion
By Michele F. Vaillant, Veronica H. Montagna and Matthew A. Windman | February 23, 2023
A discussion of the final clawback rules published by the SEC on Nov. 28, 2022, in response to the requirement under the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial reporting.
New York Law Journal | Expert Opinion
By David E. Kahen and Elliot Pisem | February 15, 2023
In their Taxation column, David Kahen and Elliot Pisem discuss two recent Tax Court memorandum decisions which underscore the importance of taking applicable tax rules into account when decisions are being made as to how to incur and report expenses, with a view to minimizing the potential for issues to arise on audit.
New York Law Journal | Expert Opinion
By Mitra Hormozi, Deanna Paul and Marc Armas | February 15, 2023
The Justice Department recently released a revised Corporate Enforcement Policy (CEP) to expound upon the potential benefits bestowed on companies that self-report white-collar crime. The Department's announcement appears to be framed as an olive branch to further encourage corporations to voluntarily disclose potential malfeasance to the government, but at what risk?
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