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Whiteford

Client Alert: Updating Your Association’s Governance

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Updating your association's governance involves modernizing governing documents, clarifying roles and streamlining decision-making. The process should be seen as continuous improvement, starting with diagnostics and...more

White & Case LLP

Federal district court enforces advance notice bylaws in denying injunctive relief sought by shareholder

White & Case LLP on

A recent decision from the United States District Court for the District of Maryland in the case Brancous, LP1 v. Braemar Hotels & Resorts Inc., et al. (Case No. 1:25-cv-03971-SAG) is drawing attention in the corporate...more

Morris James LLP

Chancery Holds that Member Written Consent Successfully Removed Nonstock Corporation’s Board but Failed to Amend Certificate

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Rainbow Mountain, Inc. v Begeman, C.A. No. 2018-0403-PAF (Del. Ch. Aug. 25, 2025) - In this case, the Court of Chancery concluded that a written member consent validly replaced the nonstock corporation’s governing body,...more

Offit Kurman

Business Legal Maintenance: What to Review Before January

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As the year comes to a close and businesses prepare to wrap up 2025, there’s one critical task that should not be overlooked — a comprehensive legal check-up. Just as we schedule annual physicals to safeguard our personal...more

Cooley LLP

More on “Glass Lewis Releases Benchmark Policy Updates”

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Recently, I blogged about how Glass Lewis released its Benchmark Policy changes for 2026, which are included in this 90-page document. Here’s a Cooley Alert penned by Cooley’s Brad Goldberg, Beth Sasfai, Ali Murata, Michael...more

Goodwin

Reactions to the SEC’s Change in Policy to Mandatory Arbitration Provisions

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The SEC’s recent policy change on issuer-investor mandatory arbitration provisions has prompted quick reactions from proxy advisors and early adopters in the market—setting the stage for renewed debate over whether companies...more

Fenwick & West LLP

Glass Lewis Publishes 2026 Benchmark Policy Guidelines

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On December 4, Glass Lewis updated its benchmark proxy voting guidelines. The updates applicable to U.S. companies are briefly summarized below....more

Cooley LLP

The Future of Shareholder Proposals: ‘We Will Get By, We Will Survive’

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If precatory proposals are not a guaranteed option, proponents could look to submit binding shareholder proposals under Rule 14a-8 as an alternative, which in practice means binding bylaw proposals that would have direct...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Nonprofit and Association Law 2024–2025

The following is a review of notable cases and regulatory developments for associations and other nonprofit organizations at the federal and state levels during the last year, organized by the following categories: ...more

Whiteford

Client Alert: Knowing When to Call Counsel

Whiteford on

From approving resolutions to responding to owner requests, community association boards and their management companies are called on to make countless decisions regarding their governance and operations. But even routine...more

McAfee & Taft

Corporate governance is the foundation for success

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In today’s complex business world, it is imperative that companies understand the importance of corporate governance. Today, more than ever, companies are facing increased scrutiny and rising expectations from their...more

Cooley LLP

Glass Lewis Releases Benchmark Policy Updates

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Yesterday, Glass Lewis released its Benchmark Policy changes for 2026, which are included in this 90-page document...more

White & Case LLP

Americas M&A Newsletter Fall 2025

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Activist campaigns have become an increasingly common strategy for investors seeking to unlock shareholder value. M&A and other transactional-focused strategies have been a top driver of activist activity, with 45 percent of...more

Offit Kurman

Defining Roles and Responsibilities within an Organization

Offit Kurman on

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of clear organizational structures and effective board governance. They highlight the need for well-defined...more

DLA Piper

Aiming to Start Off Right: Pre- and Post-Incorporation Checklists

DLA Piper on

Once you've decided that you want to take the leap of faith and start your own company, what should you do? In other articles, we have provided some practical tips for founders in starting and operating a company), but what...more

Troutman Pepper Locke

NCAA Amends Bylaws as CSC Hires Former Federal Prosecutor

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The NCAA Division I Board of Directors has adopted emergency legislation that allows the College Sports Commission (CSC) to declare Division I student-athletes ineligible for failing to disclose noninstitutional name, image,...more

Bricker Graydon LLP

Bylaws from the Crypt: Why Outdated Governance Could Haunt Your Business

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In the spirit of Halloween, it’s time to ask: Are your company governance documents a ticking time bomb buried beneath the boardroom floor? When was the last time you updated your bylaws or governance documents?...more

Cooley LLP

Activism in 2025 and Beyond: Universal Proxy, Litigation Leverage and a New Playbook for Preparedness

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Activism didn’t pause in 2025 – it evolved. Campaign counts are up, tactics have multiplied, and boards are settling faster and earlier. As Goldman Sachs’ Neil Rudisill put it on Cooley’s Market Talks panel, “We’re on...more

Ward and Smith, P.A.

Order in the HOA: Tips for Conducting Compliant and Transparent Board Meetings

Ward and Smith, P.A. on

Compliance with an HOA's governing documents helps avoid legal liabilities and ensures decisions are made consistent with North Carolina law. Transparency builds trust and can improve member engagement....more

Morris James LLP

Chancery Finds that a Majority Stockholder’s Exercise of Redemption and Call Rights Was Not Entirely Fair

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Ban v. Manheim, C.A. No. 2022-0768-JTL (Del. Ch. May 19, 2025) - In this post-trial decision, the Court of Chancery held that a controlling stockholder’s exercise of redemption and call rights that eliminated a minority...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (October 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Cooley LLP

SEC Reverses Policy to Be Neutral on Mandatory Arbitration Bylaws

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At an Open Commission Meeting last week, the SEC approved a 20-page policy statement reversing a longstanding policy that the Staff wouldn’t accelerate the effectiveness of a registration statement if the company’s bylaws had...more

Baker Botts L.L.P.

Texas Raises the Bar on Shareholder Proposals

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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

Ward and Smith, P.A.

HOA Elections: Guidelines for a Fair and Legal Process

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The board of directors is tasked with making important decisions on behalf of the HOA, including managing the HOA's finances, adopting and enforcing rules and regulations, and overseeing the upkeep of common areas. The...more

Cooley LLP

SEC Likely to Adopt Policy No Longer Prohibiting Mandatory Arbitration Bylaws

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The SEC has calendared an Open Commission Meeting for this Wednesday during which it will consider whether to issue a policy statement addressing the presence of a provision requiring arbitration of investor claims arising...more

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