A Moment of Simple Justice - Vaccines
Polsinelli Podcast - Telephone Consumer Protection Act and Consequences for Corporations
Government’s Health Care Fraud “Cash Cow” Keeps Mooing
Investment Management Update- 2014 Election Impact
Trial by Jury: Why It Matters in a Democratic Society
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
Polsinelli Podcast - Republicans Gain Control of the U.S. Senate - How That May Impact Health Reform
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
Crisis at the Border Shows Problems in US Immigration Law
Are Criminal Laws the Right Response to Revenge Porn?
Why Does BigLaw Have So Few Black Partners?
Aquila on M&A: Dealmaking is Back
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
ATL Law School Rankings: All About The Jobs
What Comes Next in Derivatives Regulation?
A More Perfect Union: Why Punish Russia for Crimea?
Only in DC: Ethics Rule Permits Non-lawyers to Own Law Firms
How a Reluctance to Deport Pop Stars Strengthens US Immigration Policy
Law Prof: The Clean Air Act Needs a Reboot
Is Punishment Dead in America?
There has been considerable interest over the last year about whether a fee-shifting provision in the charter or bylaws of a Delaware corporation is enforceable. On Thursday, June 11, 2015, the Delaware House of...more
The Delaware Senate has passed a bill that would amend the Delaware General Corporation Law (DGCL) to prohibit Delaware stock-based companies from adopting bylaws or articles of incorporation that shift legal fees to the...more
Tuesday, the Delaware Senate passed legislation prohibiting publicly-traded corporations from adopting bylaws that force shareholders to pay legal fees if they bring internal corporate claims against the company in court and...more
A century ago, New Jersey was the state in which to incorporate. Long before former Iraqi President popularized the expression “Mother of Battles” (“Um El-Ma’arek“), the famed legal scholar Adolph A. Berle, Jr. bestowed the...more
On February 18 2005, Congress enacted the Class Action Fairness Act (CAFA), P.L. No. 109-2 (28 U.S.C. §§ 1332(d), 1453, and 1711 – 1715). In enacting the CAFA, Congress sought to protect consumers and investors from...more
On April 29, 2015, Senator Bryan Townsend introduced legislation that would amend the Delaware General Corporation Law (DGCL) to ban fee-shifting bylaws for Delaware stock corporations (non-stock corporations would continue...more
Late last week, Senate Bill 75 was introduced in Delaware. This bill is in part a reaction to the Delaware Supreme Court’s holding in ATP Tour, Inc. v. Deutscher Tennis Bund, 91 A.3d 554 (Del. 2014) upholding as facially...more
Current Delaware law permits a Delaware corporation to adopt a bylaw specifying an exclusive forum other than Delaware to litigate intra-corporate disputes, so long as there is a logical connection between the forum selected...more
The Corporation Law Section of the Delaware State Bar Association has approved, in substantially the form proposed by the Delaware Corporate Council, amendments to the General Corporation Law of the State of Delaware (DGCL)...more
A new Senate Bill making a further update to defining a mandatory complex business case for referral to the Business Court was filed and has begun to move. Senate Bill 435 sponsored by Bob Rucho and Tamara Barringer who you...more
On April 2, 2015, Delaware Governor Jack Markell signed into law the Delaware Rapid Arbitration Act (the DRAA). The bill (H.B. 49) had been passed overwhelmingly by the Delaware House and unanimously by the Delaware Senate in...more
On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being...more
The Council of the Corporation Law Section of the Delaware State Bar Association recently released proposed amendments to the Delaware General Corporation Law (DGCL) that would prohibit fee-shifting provisions in a...more
Recently, there has been some unusual excitement in the corporate bar in Delaware after the Supreme Court of Delaware held that a nonstock corporation could adopt a bylaw requiring a losing plaintiff in a lawsuit involving...more
The Delaware state senator responsible for introducing a proposed ban on fee-shifting bylaws has instead sponsored a resolution – unanimously passed in the Delaware state senate – to delay any vote on the proposed ban until...more
As discussed (see link below), a recent decision of the Delaware Supreme Court could be a game changer in the world of stockholder litigation. In ATP Tour, Inc. v. Deutscher Tennis Bund (Del. May 8, 2014), the Delaware...more
The IRS recently filed a motion to dismiss class action claims brought by Tea Party groups. In NorCal Tea Party Patriots, et. al. v. IRS, et. al., S.D. Ohio, Case No. 1:13-cv-00341, Tea Party groups asserted that the IRS...more
Late last month, the Nevada Committee on Judiciary introduced a bill that would, among numerous other things, authorize forum selection provisions in corporate and other Nevada entity charters. If SB 441 is enacted, a...more
The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more
Today, during its conference, the Supreme Court will consider whether to issue certiorari on two campaign finance cases: Danielczyk v. United States and McCutcheon v FEC....more
Last September, I wrote about California’s unincorporated associations law. In ”Thinking About Joining A Club? You May Want To Consider These Corporations Code Provisions First“, I noted that Title 3 of the California...more
If only everyone had just showed up and voted we wouldn't be in this mess. As previously reported, the NLRB's attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled...more
In a much anticipated ruling, the Supreme Court of the United States reversed a Montana Supreme Court ruling that said that a 100-year old law barring corporate independent expenditures in the state was justified by the...more
In this recent post, I discussed a petition submitted by Professor Lucian Bebchuk and nine other academics asking that the Securities and Exchange Commission adopt rules requiring public companies to disclose to shareholders...more
The U.S. District Court for the Northern District of California on March 7, 2012 dismissed a derivative suit brought by shareholders of Intersil Corporation for breach of fiduciary duty premised on shareholders’ disapproval...more
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