By Hugo Guzman | February 27, 2024
"Because this is such a new space, a lot of the proposals will be about more transparency, and about what companies are doing with AI, and how boards are overseeing risks," said Jamie Smith of the EY Americas Center for Board Matters.
The American Lawyer | Analysis
By Dan Roe | February 27, 2024
Class-action plaintiffs and an appellate judge are curious about the regulatory and M&A work Sullivan & Cromwell did for FTX before the exchange collapsed.
New York Law Journal | Analysis
By Monica Delgado and Jonathan Harris | February 23, 2024
Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.
New York Law Journal | Analysis
By Corinne Ball | February 21, 2024
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
By Stan Soocher | January 26, 2024
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
New York Law Journal | Analysis
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
By Brad Jones | January 8, 2024
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
New York Law Journal | Analysis
By Tracee E. Davis | January 5, 2024
The Office of Court Administration recently solicited comments on a proposal to amend Rule 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts to add a reference to technology in the description of what is a commercial case. This article discusses the proposal, rationale behind the rule amendment and kind of technology cases that likely fall within the Commercial Division's jurisdiction.
Delaware Business Court Insider | Analysis
By Hugo Guzman | December 27, 2023
The year was marked by geopolitical chaos abroad, economic turmoil at home and the explosion of generative artificial intelligence.
Delaware Business Court Insider | Analysis
By Ellen Bardash | December 18, 2023
The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement