The SEC’s Director of Corporation Finance, Erik Gerding, recently issued two statements regarding a public company’s disclosure obligations in response to a cybersecurity incident. These remarks follow the adoption of the...more
6/27/2024
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement ,
Form 8-K ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
SolarWinds ,
Technology
For more than thirty-five years, Delaware law, pursuant to Section 102(b)(7) of the Delaware General Corporation Act (DGCL), has allowed Delaware corporations to exculpate their directors from personal liability for damages...more
9/12/2023
/ Board of Directors ,
Business Entities ,
Corporate Entities ,
Corporate Governance ,
Corporate Officers ,
Delaware ,
Delaware General Corporation Law ,
Duties & Responsibilities ,
Duty of Care ,
Fiduciary Duty ,
Incorporation ,
Section 102
In the recent case Construction Industry Laborers Pension Fund on behalf of SolarWinds Corporation, et. al v. Mike Bingle, et al. (2022), the Delaware Chancery Court considered whether the directors of SolarWinds Corporation,...more
In the landmark case In re Caremark International Inc. Derivative Litigation (1996), the Delaware Court of Chancery clarified the standard of liability for oversight failures by directors. Specifically, the Delaware Court of...more