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Cyber Strategy: HHS Weighs in on Cybersecurity in the Healthcare Industry

Seyfarth Synopsis: The health care sector faces escalating cybersecurity risks given its size, technological dependence and the sensitive nature of data used therein. According to the U.S. Department of Health and Human...more

New California Laws Mandate Climate Disclosures For Both Private and Public Companies

As expected, in the last couple years the ESG disclosure frameworks, including climate-related disclosures, have been moving from voluntary to mandatory. While some standard setters are seeking to streamline reporting,...more

ESG and Corporate Purpose: Their Current Status and How They Relate

ESG is an acronym and importantly a movement with a viewpoint. It is also an evolving concept which uses the first letters of three words as its name. Those words are Environmental, Social and Governance. ESG is a concept...more

Why are Securities Class Action Mediations Different from Other Mediations?

To borrow a few of the words spoken in 1926 by F. Scott Fitzgerald to Ernest Hemingway in a quite distinct context, securities class action mediations “are different than” mediations of most other lawsuits....more

Judge Posner Called It a “Racket”: A Federal Judge Pushes Back Against a Very Similar “Mootness Fee” Petition in Federal Merger...

In a recent decision from the United States District Court for the Southern District of New York, a federal Judge pushed back against the common but abusive practice of “mootness fee” payoffs in public M&A deals. In the...more

Access to Corporate Books and Records Under Delaware Law: Can Shareholders Obtain Privileged Documents Too?

Requests for the inspection of books and records pursuant to Section 220 of the Delaware General Corporation Law is an important part of corporate litigation in Delaware. One important issue for these types of proceedings is...more

Ohio Courts: A Microcosm of the Judiciary’s Struggle to Address Insurance Coverage in the Wake of the COVID-19 Pandemic

Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or...more

2020 May Be Over, But Litigation Regarding The Pandemic And Private Party Rights Is Not

As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...more

ESG Disclosures: Lessons Learned and Best Practices [Part 3 of 4]

In our previous alert, we described the sustainability reporting ecosystem shaping the disclosure parameters and approaches to voluntary disclosure given the lack of regulatory mandates on disclosure. ...more

New Court Decisions Analyze How the Pandemic Impacts Private Party Rights

As discussed in our last update, the legal landscape continues rapidly to evolve in response to COVID-19. Six recent decisions, summarized below, highlight the continuing uncertainty as to the application of certain laws and...more

Courts Continue to Analyze How COVID-19 Orders Affect Private Party Rights

Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of...more

The Event Driven #MeToo Lawsuit: An Update on the CBS Securities Class Action

Last June, we wrote a Legal Update on Recent Developments in Securities Litigation: The "Event Driven" #MeToo Lawsuit. Event driven securities litigation is where negative events, instead of financial misstatements or...more

Who Has Authority? Risks in Signing Contracts with Foreign Sovereigns

Imagine your client, a real property owner, asks you to draft an enforceable agreement with the owner of the neighboring property. It seems relatively easy, right? Well, no, not if the neighboring property is owned by a...more

Recent Developments In Securities Litigation: The “Event Driven” #MeToo Lawsuit

The #MeToo movement has had an enormous impact on corporate America. Workplace harassment and sexual misconduct are not new concepts and have been the focus of litigation for many years. However, the power of the #MeToo has...more

Supreme Court Affirms State Courts’ Jurisdiction Over 1933 Act Claims

Seyfarth Synopsis: In a much-awaited decision on which courts and counsel have reached different conclusions for years, the United States Supreme Court held on March 20, 2018 that the Securities Litigation Uniform Standards...more

Delaware Supreme Court Elaborates Upon When A Shareholder Vote Is Fully Informed

Seyfarth Synopsis: The Delaware Supreme Court recently held that a shareholder vote on a tender offer was not fully informed where the company did not disclose why its founder, chairman and largest stockholder abstained from...more

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