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Examining how lawyers, both in-house and outside, interact with boards of directors in times of challenge and crisis and trends in corporate law and board operations that affect companies.
Delaware Business Court Insider
By Lewis H. Lazarus | September 13, 2023
In IBEW Local Union 480 Defined Contribution Plan and Trust v. Winborne, the Court of Chancery provided guidance concerning the holistic inquiry that the court uses to assess good faith, holding that the plaintiff successfully had pleaded that a majority of the board acted in bad faith in approving a buyout of a liability for $850 million that the company contemporaneously valued at $175.3 million in its audited financial statements.
6 minute read
Delaware Business Court Insider
By Ellen Bardash | September 11, 2023
An attorney in the case said said, but it's not uncommon to see such a settlement finalized when the motion has been fully briefed but not argued or resolved.
3 minute read
By Habiba Cullen-Jafar | September 11, 2023
A letter on behalf of nearly 80 GCs criticises the code's 'extraordinary' lack of reference to the role of general counsel.
2 minute read
Delaware Business Court Insider
By Ellen Bardash | September 8, 2023
The complaint brings breach of fiduciary duty, unjust enrichment and contribution and indemnification claims against current and former Nikola management.
3 minute read
Delaware Business Court Insider
By Kaan Ekiner and Mark E. Felger | September 6, 2023
Vice Chancellor Sam Glasscock III considered whether a personal relationship between an independent director and a conflicted director was sufficient to corrupt the independent director's loyalty in approving a cash only freeze-out merger.
7 minute read
By Stephen Blake and Sareen Armani | September 4, 2023
A wave of "conservative" political lawsuits and advocacy campaigns seeking to advance "anti-ESG" or "anti-woke" themes have resulted in certain companies de-emphasizing disclosure of their ESG initiatives, according to Simpson Thacher & Bartlett's Stephen Blake and Sareen Armani.
9 minute read
Delaware Business Court Insider
By Ellen Bardash | August 29, 2023
"In total, between the audit committee's single meeting and the board's single brief meeting, Amazon's directors likely devoted barely an hour before blindly signing off on funneling (redacted) of Amazon's money to Bezos' unproven, struggling rocket company," the complaint states.
4 minute read
By Dan Roe | August 29, 2023
Ron Hauben's arrival at McDermott coincides with increased regulatory activity from the SEC and PCAOB.
3 minute read
By Greg Andrews | August 25, 2023
"I think the special adviser role is very well-suited for outgoing general counsel. He or she is taking a lot of institutional knowledge with them. It is a way for the new GC and entire C-suite to retain some of that institutional knowledge."
4 minute read
By Rachel Reddick | August 24, 2023
What do the Guantanamo Bay Military Commissions have to do with workplace investigations? As it turns out, more than you would think, according to Rachel Reddick, an attorney investigator with Oppenheimer Investigations Group.
7 minute read
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