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Robins Kaplan LLP

Feds Charge Hwang with Securities Fraud Over Massive Archegos Collapse

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On Wednesday, federal authorities arrested Archegos Capital Management’s Bill Hwang and the company’s former CFO Patrick Halligan over an alleged “stock manipulation scheme they called staggering in size and brazen in its...more

The Volkov Law Group

DOJ’s Big Case Victories and Misguided Targets (Part II of III)

The Volkov Law Group on

On the top of its record of success, DOJ won two big and highly-contested cases.  The first against Elizabeth Holmes and the second against Roger Ng.  In perhaps one of its most significant failures, DOJ was handed a quick...more

Dunlap Bennett & Ludwig PLLC

Restrictive Markings for Technical Data Deliverables Contained Within Legends May Differ For Government and Third Parties

The Defense Federal Acquisition Regulation Supplement (DFARS) implements strict requirements for marking proprietary technical data with an appropriate restrictive legend tailored to the non-commercial items delivered to the...more

Venable LLP

Back to the Future! The NLRB's Shifting Position on Employer Handbook Policies

Venable LLP on

The National Labor Relations Board (NLRB) is the federal agency responsible for enforcing the National Labor Relations Act (NLRA), which guarantees the rights of most private sector employees to organize and engage in group...more

The Volkov Law Group

Boeing Technical Pilot Acquitted on Criminal Charges from 737 Max Safety Scandal

The Volkov Law Group on

The Department of Justice criminal prosecution of Mark Forkner, chief technical pilot at Boeing responsible for the 737 Max, ended in quick acquittal.  DOJ prosecutors suffered an embarrassing loss in an attempt to hold...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Former Boeing Pilot Acquitted In 737 Max Criminal Trial

Takeaway: Despite this acquittal, the Department of Justice has demonstrated that it can and will prosecute individuals for corporate malfeasance. A settlement by a corporation does not necessarily protect individual...more

K&L Gates LLP

Approval of US$237.5 Million Settlement in Boeing Derivative Action Demonstrates Impact of Section 220 Demand in ESG Litigation

K&L Gates LLP on

In a derivative action In re Boeing Company Derivative Litigation, Boeing’s stockholders obtained approval from the Delaware Court of Chancery for a landmark US$237.5 million settlement of derivative claims targeting the...more

Akin Gump Strauss Hauer & Feld LLP

In re Boeing: Revisiting Potential Director Liability Exposures

Recent rulings underscore the attention boards of directors and management must continue to pay to the risks faced by companies across all sectors of the economy and their potential impact on business operations...more

Proskauer - Labor Relations

We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks

As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum, the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations...more

K&L Gates LLP

Seventh Circuit Strikes Down Delaware Forum Selection Clause and Clears Path to Federal Court for Securities Exchange Act Claims

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The Seventh Circuit issued a resounding message: Delaware forum selection clauses in corporate bylaws cannot lawfully prevent a plaintiff from bringing claims under the Securities Exchange Act of 1934 (the Exchange Act or the...more

Stoel Rives - World of Employment

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the...more

Lowenstein Sandler LLP

A Lapse in Safety Can Lead to Lawsuits for Directors and Officers. Boeing’s Board Learned That Firsthand.

Lowenstein Sandler LLP on

Boeing's Board of Directors Settled a Caremark Claim Lawsuit with Shareholders for $225 Million Over the Crash of Two 737 Max Jetliners- Board members who neglect risk oversight, in turn, risk exposure to lawsuits via...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Robins Kaplan LLP

Fed Forecasts Rate Hikes Beginning Next Month to Counter Inflation

Robins Kaplan LLP on

The Fed delivered on its well-telegraphed plan to raise interest rates as soon as next month in an effort to combat inflation. The central bank has been easing its bond-buying program and appears ready to reduce its balance...more

Proskauer - Corporate Defense and Disputes

Seventh Circuit Reverses Dismissal of Derivative Action Based on Forum Clause as Applied to Federal Claim

A recent Seventh Circuit decision in Seafarers Pension Plan v. Bradway may complicate defendants’ ability to use forum-selection bylaws as a basis for dismissal of derivative suits pleading claims under the Securities...more

Jenner & Block

Seventh Circuit Overrides a Forum Selection Bar in Federal Securities Lawsuits

Jenner & Block on

A recent ruling by the Seventh Circuit in Seafarers Pension Plan v. Bradway addresses the issue of where shareholder derivative lawsuits may be filed when the company at issue has a forum selection clause in its bylaws. The...more

Seyfarth Shaw LLP

The NLRB Telegraphs the First of Many Knockouts of Trump Board Decisions

Seyfarth Shaw LLP on

As we previously reported here, in numerous dissents issued in 2021, the National Labor Relations Board’s Chair McFerran blasted the Boeing Co. handbook and work rules standard due to her view that it was, for example, “so...more

Robins Kaplan LLP

Fed Chair Pledges to Raise Rates to Fight Inflation

Robins Kaplan LLP on

The latest from Fed Chair Powell’s first day of confirmation hearings, including the expected news that the central bank is prepared to raise interest rates to tame inflation, tying that goal to the Fed’s other mandate by...more

Gray Reed

Boeing’s Board Agrees to $237.5 Million Settlement in Litigation Alleging Failure to Oversee Airplane Safety

Gray Reed on

The board of directors (“Board”) of The Boeing Company (“Boeing”) agreed to a staggering $237.5 million settlement of a lawsuit brought by stockholders on behalf of Boeing alleging that the Board and certain executive...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Risk of Overlooking Oversight: Recent Caremark Decisions From the Court of Chancery Indicate Closer Judicial Scrutiny and...

In 1996, the Delaware Court of Chancery issued its seminal decision in In re Caremark International Inc. Derivative Litigation, establishing the conditions for director oversight liability under Delaware law. Adopted a decade...more

Robins Kaplan LLP

Financial Daily Dose 12.10.2021 - Buffalo Workers Unionize First Company-Owned Starbucks

Robins Kaplan LLP on

Workers at a Buffalo, NY-based Starbucks location have voted to unionize, the first ever union to form at one of Sbux’s “nearly 9,000 company-owned stores.” Though but one, the victory “represents a challenge to the labor...more

The Volkov Law Group

Boeing Settles Shareholder Litigation and Agrees to Reforms (Part IV of IV)

The Volkov Law Group on

The crushing aftermath of the tragic 737 MAX scandal is disturbing at the least.  Innocent lives were lost because of Boeing’s culture misfires, poor leadership at the management and board level, and an arrogant disregard for...more

The Volkov Law Group

Boeing’s Board Governance Failures and the 737 MAX Safety Scandal (Part III of IV)

The Volkov Law Group on

In its decision, the Chancery Court methodically analyzed the weaknesses in Boeing’s board processes and its fundamental failure to meet basic Caremark standards in tackling airplane safety issues, particularly after the Lion...more

The Volkov Law Group

The Delaware Court’s Decision Highlights Boeing’s Defective Corporate Culture and Board Governance Failures (Part II of IV)

The Volkov Law Group on

When considered in light of the Chancery Court’s decision, DOJ’s essential findings in its Boeing investigation are problematic at best.  The Chancery Court’s decision outlines how Boeing’s culture of safety deteriorated into...more

The Volkov Law Group

A Tale of Two Boeing Boards — The Disparate Conclusions of the Justice Department and the Delaware Chancery Court (Part I of IV)

The Volkov Law Group on

When I reviewed again the US Department of Justice’s conclusions reached as part of the Boeing criminal investigation, and the Delaware Chancery Court’s decision denying Boeing’s motion to dismiss the shareholder derivative...more

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