Corporate Counsel | Expert Opinion
By Darryl Lew, Courtney Hague Andrews and Nida Jafrani | April 19, 2024
The DOJ has raised the bar in terms of what it takes to earn the increased benefits available under the revised policy. This article summarizes the main revisions to the policy and draws lessons learned from the outcomes of negotiated corporate resolutions concluded since its adoption to inform the thinking of in-house teams whether they engage with the department proactively or reactively regarding potential criminal wrongdoing.
By Tal S. Benschar | April 12, 2024
New technologies create new challenges for the law. This has certainly been the case for artificial intelligence, which has generated a great deal of discussion, and some litigation, in patent and copyright law. One area that has not been explored is its impact on trade secrets. But recent events indicate that this is about to change.
By Adrienne Ward and Elizabeth Gonzalez-Sussman | April 9, 2024
Two recent cases address the question: "How and when that shareholder can use confidential information gained by reason of that board seat?" Authors Adrienne Ward and Elizabeth Gonzalez-Sussman, provide an overview of the cases and offer guidance for activist and institutional investors. They outline distinctly different rulings, why opposite results were reached, and how institutional investors and activists should approach placing directors on a board.
The Legal Intelligencer | Commentary
By Joshua A. Mooney | April 9, 2024
Liability under state WESCA claims turns on whether there was there an interception of a communication (and if so, where that interception took place), and whether the party whose communication was intercepted had granted consent. This article focuses on the third element—consent.
New York Law Journal | Analysis
By Ronald K. Gardner | April 5, 2024
This article addresses the importance of creating and best utilizing collaborating franchisee associations. Unfortunately, that task is made difficult by franchisors who do not understand the role they play in setting franchisee association agendas and political dynamics.
Delaware Business Court Insider | Analysis
By Ellen Bardash | March 27, 2024
Corporate practitioners say there's been no signs that there will be any significant corporate exodus from Delaware in the near future.
New York Law Journal | Analysis
By Derek Dragotta | March 27, 2024
Data breaches are on the rise, as are the costs associated with them. AI is allowing bad actors to quickly shift tactics and generate more believable scams. There is a significant uptick in attempted fraudulent filings. This article presents various ways in which you can protect your organization, as well as your class, from these threats.
New York Law Journal | Expert Opinion
By Gail Weinstein, Philip Richter and Warren de Wied | March 21, 2024
This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
New York Law Journal | Analysis
By John Coffee | March 20, 2024
Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
By Steve Quinlivan and Kelly Stout | March 18, 2024
A Delaware Court of Chancery decision to invalidate significant portions of a stockholder agreement could have a marked impact on public companies, impacting M&A activities such as joint ventures, settlements with activist investors and minority venture capital investments.
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