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Corporate Counsel

AT&T General Counsel Joins ADM Board as Company Reels From Accounting Scandal

It is the first director role for David McAtee, though he's no newcomer to helping navigate a business through tumultuous times.
2 minute read

Delaware Business Court Insider

Supermajority Shareholder Approval Not Required for Nevada Conversion

Vice Chancellor Paul A. Fioravanti Jr.'s opinion stated language in one section of the digital media company's charter doesn't apply to the conversion based on Delaware precedent, marking a win for attorneys at Wilson Sonsini Goodrich & Rosati and Latham & Watkins.
3 minute read

Corporate Counsel

A Blueprint for Targeted Enhancements to Corporate Compliance Programs  

The DOJ recently updated the Evaluation of Corporate Compliance Programs to direct prosecutors who are considering charges or resolutions to assess how a company addresses, among other topics, disruptive technologies and AI, self-disclosure initiatives, and the compliance function's access to corporate data.
7 minute read

Delaware Business Court Insider

Chancery Stays Action Pending Resolution of a Motion to Dismiss in a First-Filed Action to Which the Defendant Is Not a Party

Prior to initiating the Delaware Chancery Court action, Eastern Wholesale sued one of Hudson's affiliates—but not Hudson—in North Carolina. Shortly after the filing of the Chancery action, Hudson moved to dismiss or stay. And due to potential overlapping legal and factual issues, Chancellor Kathaleen St. J. McCormick entered a stay.
5 minute read

New York Law Journal

Business Unusual: Recent Applications of New York's Business Judgment Rule

Although the business judgment rule provides broad protections, it is not absolute and can be overcome when directors' actions fall outside of the bounds of acceptable corporate behavior. In her article, Lara Flath looks at recent decisions by New York courts at various stages of litigation that reviewed allegations of self-dealing or self-interest on the part of defendants. 
6 minute read

Delaware Business Court Insider

Justices: Can Delaware Courts Put a Price Tag on Corporate Move to Nevada?

Chief Justice Collins J. Seitz Jr. and two associate justices focused on what would give Delaware courts authority to weigh the pros and cons of corporate redomestication.
4 minute read

Delaware Business Court Insider

Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction

The Vice Chancellor's decision illustrates the court's discretion and, in this instance, common-sense approach to requiring a bond in the context of provisional relief.
6 minute read

Delaware Business Court Insider

Following 'Purdue Pharma,' Del. Bankruptcy Court Clarifies Standard Applicable to 'Opt-Out' Releases of Claims Against Nondebtors

The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."
8 minute read

International Edition

A&O Shearman Becomes First Long-Term Corporate Partner to UN Refugee Agency

The partnership will see the firm donate up to £500,000 of partner profits to the emergency fund over the next five years.
2 minute read

Corporate Counsel

Prof's Stinging Conclusion: Lawyers for Purdue Pharma Were 'Overzealous Accomplices in Corporate Misconduct'

Elise Bernlohr Maizel of Michigan State takes aim at the company's former general counsel and at its outside law firms in a new law review article.
6 minute read

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