At a time when Delaware corporate law is under attack for allegedly becoming unpredictable, the Delaware Court of Chancery on April 30 re-affirmed a fundamental tenet of fiduciary duty – namely, that directors’ fiduciary...more
The current bear market began only a month ago and the securities plaintiffs’ bar wasted no time bringing its first set of actions. The stock market decline caused by COVID-19 has led to economic conditions this country has...more
4/19/2020
/ Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Economic Downturn ,
Financial Markets ,
Market Conditions ,
Material Misstatements ,
Popular ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Shareholder Litigation
On March 18, 2020, the Supreme Court of Delaware held that the “relatively recent phenomenon” of federal forum provisions (“FFPs”) in Delaware companies’ charters, which mandate that stockholder claims arising under the...more
Corporate Governance and Securities Law Developments -
Directors Can Be Held Liable for Failure to Oversee “Mission Critical” Regulatory Compliance -
On October 1, the Delaware Court of Chancery refused to dismiss a...more
10/23/2019
/ Breach of Duty ,
Business Judgment Rule ,
Class Action ,
Clinical Trials ,
Compensation & Benefits ,
Controlling Stockholders ,
Corporate Governance ,
DE Supreme Court ,
Derivative Suit ,
Disclosure Requirements ,
Entire Fairness Standard ,
FDA Approval ,
Fiduciary Duty ,
Government Investigations ,
Human Capital ,
Institutional Investors ,
Merger Agreements ,
Mootness ,
Overboarding ,
Pharmaceutical Industry ,
Proxy Advisors ,
Proxy Voting Guidelines ,
Publicly-Traded Companies ,
Regulatory Standards ,
Reputational Injury ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Squeeze-Out Mergers ,
Termination ,
Venture Capital