Michael Dell

Kramer Levin Naftalis & Frankel LLP

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Delaware Court of Chancery Determines That the Duty of Oversight Applies to Corporate Officers

For almost 30 years, the Delaware courts have held that corporate directors are charged with a fiduciary duty of “oversight.” Directors must make sure that their corporations both (1) implement reasonable information and...more

2/6/2023 / Board of Directors , Corporate Governance , Corporate Officers , DE Supreme Court , Delaware General Corporation Law , Directors , Oversight Duties , Shareholder Litigation

Seventh Circuit Denies the Enforceability of Boeing’s Forum-Selection Bylaw, Reviving Derivative Suit

As discussed in a previous client alert, The Boeing Company (Boeing) has faced shareholder litigation arising from the fatal crashes of two 737 MAX airplanes. In one such derivative suit filed under Section 14(a) of the...more

1/14/2022 / Bylaws , Corporate Governance , Delaware General Corporation Law , Derivative Suit , Forum Selection , Jurisdiction , Securities Exchange Act , Shareholder Litigation

Second Circuit Court of Appeals Articulates Important Limitations on Pleading Fraud in 'Event-Driven' Securities Class Actions

Securities fraud litigation based on regulatory mishaps, environmental disasters, data breaches, sexual harassment revelations, the COVID-19 pandemic and other well-publicized events that affect stock prices has been on the...more

9/3/2021 / Anti-Money Laundering , Class Action , Duty to Disclose , Enforcement Actions , Federal Pleading Requirements , Financial Statements , Material Misstatements , Money Laundering , Puffery , Securities Fraud , Shareholder Litigation , Stock Drop Litigation

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