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May 04, 2012 |

Jackson Lewis

3 minute read
October 08, 2009 |

When Insolvency Looms: Knowing Where You Stand

Frank Aquila, a partner at Sullivan & Cromwell, and Peter Naismith, an associate at the firm, write that some cases over the past 17 years that have refused to recognize theories such as the action for "deepening insolvency" have left Delaware directors feeling a bit more confident of their ability to navigate treacherous financial waters free of judicial second-guessing. Counsel should however, in an abundance of caution, remind boards of the importance of considering creditors' interests as soon as the corporation becomes financially distressed, even though directors do not yet owe fiduciary duties to those creditors, the authors say.
8 minute read
June 25, 2004 |

King & Spalding Adds Staff, Boosts Revenue and Profits

Julia Gray SmithSpecial to the Daily Report In 2003, King Spalding lawyers made money the old-fashioned way: they earned it through billion-dollar deals and high stakes litigation. "We were fortunate in having an exceptional year in a choppy economy while continuing to invest in growing both our newer offices and growing the depth and expertise available to our clients," said KS Chairman Walter W.
3 minute read
Law Journal Press | Digital Book Health Care Benefits Law Authors: Jeffrey D. Mamorsky View this Book

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June 25, 2013 |

How to Define "Bad Faith" for a Board

Bad faith conduct in the boardroom is the fiduciary version of kryptonite. But a practical definition of bad faith conduct can be elusive.
6 minute read
April 21, 2011 |

An Unbreakable Grip on Drug Patents

10 minute read
October 15, 2010 |

Judge says Walgreens did not release patient information

Two prescription drug users have lost a legal battle to stop Walgreens from profiting from prescription records, which the drugstore chain uses to micro-target customers on behalf of pharmaceutical companies paying for the service.
5 minute read
June 26, 2013 |

Warn Boards Against 'Bad Faith' Outcomes

Bad faith conduct in the boardroom is the fiduciary version of kryptonite; of Samson with shorn locks.
6 minute read
June 08, 2011 |

Court Refuses to Stop Merger of Energy Companies

Vice Chancellor Leo Strine blocked two shareholder lawsuits seeking to enjoin Massey Energy Co.'s $7.1 billion merger with Alpha Natural Resources. The ruling was issued less than 24 hours before Massey, a Richmond, Va., coal producer, was scheduled to vote on the merger, which was approved by the company's board on June 1.
5 minute read

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