Delaware Business Court Insider | News
By Ellen Bardash | September 8, 2023
The complaint brings breach of fiduciary duty, unjust enrichment and contribution and indemnification claims against current and former Nikola management.
By Jimmy Hoover | August 23, 2023
Hedge fund manager found to have violated SEC rule argues criticism of biotech company was constitutionally protected.
National Law Journal | Analysis
By Brad Kutner | August 22, 2023
"If your company is under enforcement investigation, to see smart judges disagree, it could give the company the idea to fight it," said Akin Gump Strauss Hauer & Feld white collar partner Parvin Daphne Moyne.
By J. Scott Colesanti | August 17, 2023
This article highlights Elon Musk's tweets and the SVB regional bank disaster while questioning the continued utility of traditional form filings designed to update investors.
By Maydeen Merino | August 15, 2023
"The SEC is just making it very clear to the industry that we're expecting these private fund administrators to protect the fund and its investors," attorney Will Atherton said.
New York Law Journal | Commentary
By Jeffrey Alberts | August 3, 2023
On July 13, a federal judge in the Southern District of New York ruled that the analytical approach to cryptocurrency tokens advanced by SEC Chair Gary Gensler and the SEC staff was incorrect. Not only is it not clear that most cryptocurrency tokens are securities, the court concluded that no cryptocurrency tokens are securities.
New York Law Journal | Expert Opinion
By Barbara Goodstein | August 2, 2023
The proposed changes to the UCC effected by the 2022 amendments are numerous, affecting every article in the statute. Among those changes are amendments to the definition of "money" and how a security interest in that type of asset can be perfected. In her Secured Transactions column, Barbara Goodstein discusses the treatment of money under the 2022 UCC amendments and how it's affecting the progress of adoption of the amendments throughout the states, and the "loosely titled hip-pocket amendment" that will try to resolve the issue impeding adoption.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | July 28, 2023
Delaware Chancery Court dismisses shareholder derivative suit challenging Block's acquisition of TIDAL—a music streaming company associated with Jay-Z—for failing to adequately plead demand futility.
By John Coffee | July 19, 2023
Last month, the Supreme Court granted certiorari in 'SEC v. Jarkesy,' where a divided panel found that the SEC's in-house adjudication before an administrative law judge of a fraud case against the defendants violated the latter's right to a jury trial under the Seventh Amendment.
National Law Journal | Analysis
By Brad Kutner | July 18, 2023
"Companies are saying they need to make sure their disclosures are backed up by data and can respond when the questions come," said Tara K. Giunta, co-chair of Paul Hastings' ESG Risk, Strategy and Compliance Group.
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