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.
New York Law Journal | Analysis
By Andrew T. Garbarino | August 28, 2019
To avoid litigation, government intervention and public relations fiascos, a board must address cybersecurity on an ongoing basis.
New York Law Journal | Commentary
By Daniel R. Alonso and Martin J. Foncello | August 20, 2019
Although the imposition of monitors has slowed somewhat (by design) during the current presidential administration, they are in no danger of going away.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Mitchell L. Berg | August 13, 2019
In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the use of the “crystallized carry structure” in real estate joint ventures.
By Tom McParland | August 7, 2019
Justice Andrew S. Borrok cited the "simple, plain and unambiguous" language of the Private Securities Litigation Reform Act of 1995 in holding that the statute's automatic discovery stay applied to state court actions during a pending motion to dismiss.
By Dan M. Clark | August 1, 2019
The $6 million settlement, of which New York will receive $1.3 million, was part of a larger $8.6 million settlement announced by attorneys for the whistleblower Wednesday.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | July 24, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh discuss a Delaware Supreme Court decision and a DOJ guidance memorandum, which serve as powerful reminders that board oversight today is an active, not a passive, undertaking.
By Tom McParland | July 1, 2019
The proposed class action argued that investors needed more information to decide whether to support the transaction at a scheduled special meeting of the company's limited partners July 31.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | June 12, 2019
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the Delaware Court of Chancery's decision in 'City of Tamarac Firefighters' Pension Tr. Fund v. Corvi', which reminds practitioners of the steep burden facing a derivative plaintiff seeking to plead that a board wrongfully refused its pre-litigation demand and provides guidance on several recurring aspects of board responses to demands
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