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July 06, 2023 | Corporate Counsel

Rising Silicon Valley Drug Use Puts GCs in Tough Spot

"Terminating a star employee—or any employee—based solely on the fact that the employee ingested a sub-perceptual amount of a psychedelic drug may not make business sense," according to Vincent Sliwoski, managing partner of Harris Bricken Sliwoski.
4 minute read
July 05, 2023 | Legaltech News

Nervous System: How to Stuff Cellular Phone Calls in Digital Bubble Wrap

As the use of cellular technology started to spread, CDMA technology enabled genuinely simultaneous users to broadcast on the same frequency at the same time, without risk of interference—like digital bubble wrap.
5 minute read
July 05, 2023 | Delaware Business Court Insider

Court of Chancery Address Scope of Privilege Concerning Third-Parties

In this stockholder derivative action, the plaintiff claimed that the defendants—members of Tesla's board of directors—breached their fiduciary duties by awarding themselves excessive and unfair compensation between 2017 and 2020.
8 minute read
June 26, 2023 | New York Law Journal

Controlling Person Liability: Circuit Split Increasingly Relevant

"Controlling person liability" claims have become increasingly common in securities litigation. Due to a circuit split in how these claims can be established, plaintiffs have taken advantage of the relatively low threshold required in some jurisdictions to establish a prima facie case of controlling person liability.
7 minute read
June 25, 2023 | New Jersey Law Journal

Prosecute American Purveyors of Forced Labor

We urge the U.S. Department of Justice to take a close look at what is going on in China and other locales and the complicity of American corporations in those events.
7 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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June 20, 2023 | The American Lawyer

Deal Watch: Wachtell Reps the GOAT in Hornets Sale; Confusing Times Continue for Dealmakers

While Wachtell and King & Spalding had a big week in deals, M&A lawyers remain uncertain about the deal market ahead amid continuing signs of uncertainty.
6 minute read
June 16, 2023 | The Recorder

Inside the 'Circle of Confidentiality': Protecting Privilege in Transactional Stockholder Disputes

Corporate counsel must think careful about the rules of privilege and take proactive steps to ensure that proper protections are in place to avoid after-the-fact surprises, according to Simpson Thacher & Bartlett's Stephen Blake and Marissa Lambert.
8 minute read
June 15, 2023 | Texas Lawyer

Texas Defense Lawyer Raises Public Patents in California Penile-Implant Trial

"We think you will find what is going on here is more like Tesla coming into this courtroom and telling you they own the trade secret of mirrors and headlights because they were putting it in electric cars," defense attorney Weining Bai said.
5 minute read
June 14, 2023 | Delaware Business Court Insider

Supreme Court Affirms Decision That the SolarCity Acquisition was Entirely Fair

Writing for the court en banc, Justice Karen L. Valihura explained why the stockholder-plaintiffs' arguments did not undermine the Court of Chancery's conclusions as to either "fair dealing" or "fair price."
5 minute read
June 13, 2023 | Litigation Daily

An Early Batch of Litigator of the Week Shout Outs

Giving some shine to the firms who scored litigation wins during the LOTW cycle that landed while we were out last week.
6 minute read

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