Recent events have brought renewed attention to the push for greater diversity in the boardroom. In this alert, we discuss several developments highlighting the need for public company directors to remain focused on diversity...more
10/26/2020
/ Anti-Discrimination Policies ,
Board of Directors ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Gender Equity ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities Violations ,
Shareholder Litigation ,
Woman Board Members
In Sciabacucchi v. Salzberg, C.A. No. 2017-0931-JTL (Del. Ch. Dec. 19, 2018), the Delaware Court of Chancery invalidated provisions in the certificates of incorporation of three Delaware corporations — Blue Apron Holdings...more
On Nov. 14, 2018, a New York appellate court held that in a derivative action brought in a New York court against a company incorporated in the United Kingdom, the plaintiff need not comply with U.K. Companies Act § 261(1)...more
12/3/2018
/ Anti-Money Laundering ,
Appeals ,
Article III ,
Corporate Misconduct ,
Derivative Suit ,
Financial Institutions ,
Foreign Corporations ,
HSBC ,
Shareholders ,
Standing ,
UK ,
UK Companies Acts
In its June 22, 2018, decision in Carpenter v. United States, a 5-4 majority of the Supreme Court held that a criminal defendant’s Fourth Amendment rights were violated when the government obtained a court order requiring his...more
6/29/2018
/ Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Criminal Convictions ,
Electronic Records ,
Electronically Stored Information ,
Exigent Circumstances ,
Fourth Amendment ,
Geolocation ,
Location Data ,
Probable Cause ,
Reasonable Expectation of Privacy ,
Remand ,
Reversal ,
SCOTUS ,
Third-Party ,
Warrantless Searches
In People v. Credit Suisse Securities (USA) LLC, New York’s highest court considered the applicable statute of limitations for Martin Act claims, holding in a June 12 opinion that such claims are governed by a three-year...more
In Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, decided on March 20, 2018, the Supreme Court unanimously held that class actions based solely on the Securities Act of 1933 (33 Act) may be brought in...more
4/3/2018
/ Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Jurisdiction ,
PSLRA ,
Removal ,
SCOTUS ,
Securities Act of 1933 ,
Securities Litigation ,
Securities Violations ,
SLUSA ,
State Law Claims
On Nov. 20, 2017, the New York Court of Appeals held that in a derivative action brought in a New York court against a company incorporated in the Cayman Islands, the plaintiff need not comply with Rule 12A of the Cayman...more
On June 27, the Supreme Court granted certiorari in Cyan Inc. et al. v. Beaver County Employees Retirement Fund et al., agreeing to weigh in on whether state courts have jurisdiction to hear class action lawsuits brought...more
7/6/2017
/ Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Jurisdiction ,
PSLRA ,
Removal ,
SCOTUS ,
Securities Act ,
Securities Act of 1933 ,
Securities Litigation ,
SLUSA ,
Split of Authority ,
Statutory Interpretation