Retail investors statistically do not vote at the same rate as other investors, particularly institutional investors. Under a new approach pioneered by ExxonMobil, public companies would offer retail investors the option to...more
Earlier this month, the U.S. Court of Appeals for the Second Circuit, arguably the most influential court in the country for federal securities law matters, issued an important decision regarding the scope of insider trading...more
9/24/2025
/ Appeals ,
Fiduciary Duty ,
Financial Institutions ,
Insider Trading ,
Investment Funds ,
Material Nonpublic Information ,
Misappropriation ,
Rule 10b-5 ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Shareholders
On September 17, 2025, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) issued a Policy Statement (the “Policy Statement”) clarifying the Commission’s views on the use of mandatory arbitration...more
New Section 21.373 of the Texas Business Organizations Code (“TBOC”) went into effect on September 1, 2025, providing certain publicly traded corporations with a powerful new tool to limit the ability to submit shareholder...more
9/23/2025
/ Business Court ,
Business Entities ,
Bylaws ,
Corporate Governance ,
New Legislation ,
Proxy Statements ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Shareholder Activism ,
Shareholder Proposals ,
Shareholders ,
Texas
Delaware’s Court of Chancery recently refused to dismiss a fiduciary duty lawsuit against former directors and officers of a company that had allegedly allowed its regulatory compliance deficiencies to lead to its financial...more
9/19/2025
/ Bankruptcy Court ,
Board of Directors ,
Business Litigation ,
Caremark claim ,
Chapter 11 ,
Corporate Counsel ,
Corporate Governance ,
Corporate Officers ,
D&O Insurance ,
Delaware ,
Fiduciary Duty ,
Jurisdiction ,
Nevada ,
Texas
Public companies should consider updating disclosures describing the risk of hypothetical events where the stated event has actually occurred, as continuing to describe the risk as hypothetical could be viewed as a material...more
Last week, Texas Governor Greg Abbott signed into law Texas Senate Bill 29, which includes a comprehensive package of amendments to the Texas Business Organizations Code aimed at reinforcing and revitalizing the governance...more
Reporting obligations related to the Corporate Transparency Act (“the CTA”) are set to return. As we previously reported, on December 3, 2024, a federal judge in Texas (Texas Top Cop Shop, Inc. v. Bessent) issued a...more
Following President Trump’s executive orders on diversity, equity, and inclusion (“DEI”) programs, recent statements from State Attorneys General (“State AGs”) highlight that employers should prepare for increased scrutiny...more
In an opinion late last month, the Delaware Supreme Court brought a close to the long-running shareholder litigation regarding Oracle’s 2016 purchase of NetSuite. The decision provides instruction for how significant minority...more
It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more
2/4/2025
/ Artificial Intelligence ,
Copyright ,
Data Privacy ,
Data Protection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Legal Technology ,
Machine Learning ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Regulatory Reform ,
USPTO
Everyone seems to be talking about DeepSeek, and its latest AI technologies. But what is DeepSeek? What has it produced? And why is everyone talking about them? This client update is intended to provide some of the basic...more
2/3/2025
/ Artificial Intelligence ,
China ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Machine Learning ,
Popular ,
Risk Management ,
Risk Mitigation ,
Technology
The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more
1/29/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Compliance ,
Discovery ,
Evidence ,
Legal Ethics ,
Legal Technology ,
Litigation Strategies ,
Risk Management ,
Technology-Assisted Review
The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more
12/12/2024
/ Artificial Intelligence ,
Continuing Legal Education ,
Ethical Standards ,
Federal Rules of Civil Procedure ,
Innovative Technology ,
Legal Ethics ,
Legal Operations ,
Legal Project Management ,
Legal Technology ,
Machine Learning ,
Rules of Professional Conduct ,
Sanctions
California’s AB 2013, the “Generative Artificial Intelligence Training Data Transparency Act,” is poised to reshape the landscape for developers of Generative AI (GenAI) systems. Signed into law on September 28, 2024, it sets...more
The Securities and Exchange Commission (the “SEC”) recently settled charges against James R. Craigie, a former CEO, Chairman and board member of Church & Dwight Co. Inc. (the “Company”), for violating proxy disclosure rules...more
As previously discussed in our Client Alert issued on December 18, 2020 (available here), the U.S. Securities and Exchange Commission (the “Commission”) adopted its final rule (the “Final Rule,” available here) requiring...more
8/27/2024
/ Bonuses ,
Disclosure Requirements ,
Dividends ,
Exemptions ,
Federal Taxes ,
Fees ,
Final Rules ,
Foreign Governments ,
Form 10-K ,
Form SD ,
Income Taxes ,
Oil & Gas ,
Payment-In-Kind ,
Regulation S-K ,
Resource Extraction ,
Royalties ,
Securities and Exchange Commission (SEC) ,
Securities Regulation