News & Analysis as of

Burden of Proof Business Judgment Rule

Neal, Gerber & Eisenberg LLP

Down-Rounds and Other Insider Financing: How to Minimize Your Fiduciary Risk

The United States and the world are in the midst of a pandemic and a resulting economic crisis of massive proportion, with most businesses, including many venture capital and private equity backed companies, experiencing...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: Germany Update — Management Duties During the Crisis

The COVID-19 outbreak creates numerous challenges for managers and directors in companies. In the present situation, they must keep a focused view of the business, while leading the company prudently through the crisis and...more

Allen Matkins

Directors Fail To Escape Liability For Approving Dividend

Allen Matkins on

I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more

Fisher Phillips

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Continuing Evolution of Corwin in Delaware Courts"

Recent Delaware Supreme Court and Court of Chancery cases have continued to refine the impact and requirements of Corwin v. KKR Financial Holdings LLC, in which the Delaware Supreme Court held that the business judgment rule...more

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