A recently re-introduced bill by Senator Marco Rubio (R-FL) would seek to expand the reach of the Foreign Corrupt Practices Act (“FCPA”) over corporations operating in China...more
On November 29, 2021, a jury in Nevada found United Healthcare liable for underpaying TeamHealth, a nationwide provider of emergency medical services, by millions of dollars. The case, Fremont Emergency Services vs....more
To clarify a long-running, hotly-litigated question regarding when a new drug qualifies for exclusive marketing rights intended to reward innovation, Congress has taken an important step toward amending the Federal Food,...more
This post deals with two related protections that state laws and companies provide for directors and officers—indemnification and advancement. Corporations usually commit to indemnify officers and directors (and sometimes...more
Companies want to attract talented leadership, and protections for officers and directors against lawsuits can be part of the total package.
This is one reason why many businesses incorporate in Delaware—Delaware law...more
Companies entrust their in-house attorneys with sensitive and confidential information in order to obtain legal advice on important matters. Thus, when an in-house attorney turns on his or her employer, the repercussions can...more
Sergey Aleynikov, a former computer programmer at Goldman, Sachs & Co., has been on a legal roller coaster for the past few years. In the span of few days, that roller coaster plummeted steeply—twice.
First, on January...more
1/27/2017
/ Advancement ,
Civil Liability ,
Computer Programs ,
Criminal Prosecution ,
DE Supreme Court ,
Economic Espionage Act ,
Goldman Sachs ,
Indemnification ,
Misappropriation ,
NY Appellate Court ,
Source Code
Numerous decisions from the Delaware courts establish that a company cannot abandon its promise to advance legal fees and expenses when the covered director, officer, or employee properly invokes it....more
Remember 2002? That year, A Beautiful Mind won best picture, and the University of Maryland won the NCAA basketball tournament. It is also the year that Rite Aid and its former General Counsel, Franklin Brown, began...more
9/13/2016
/ Advancement ,
Appeals ,
Corporate Counsel ,
Corporate Executives ,
Corporate Misconduct ,
Criminal Prosecution ,
Declaratory Rulings ,
Indemnification Clauses ,
Laches ,
Litigation Fees & Costs ,
Petition for Writ of Certiorari ,
Rite Aid ,
Scandals ,
Statute of Limitations