The Privacy Insider Podcast Episode 4: Don't Be Evil: In the Hot Seat of Data Privacy, Part 1
The Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part I
Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
The Presumption of Innocence Podcast: Episode 41 - The Dynamics of Decision-Making: Psychology and the Criminal Justice System
The Evolving Relationships of In-House Counsel and Law Firms: On Record PR
Managing Social Media Risk
3 Key Takeaways | Corporate Perspectives on Intellectual Property
Episode 322 -- Checking in on Caremark Cases
Marketing Minute Video with NP Strategy: Incorporating Political Intelligence into Your PR Strategy
DE Talk | Diversity, Equity & Inclusion: Progress Amidst Opposition within Corporate, Political, & Social Spheres
Studying the Global Legal Market to Keep Businesses Ahead of the Curve: On Record PR
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
Compliance, Project Management, and Process Improvement
Hospital M&A Trends & Strategic Considerations for 2024
Law Firm ILN-telligence Podcast | Episode 82: Tamsin Kaplan | Davis Malm, United States
Inside the NBA with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and T-Wolves Gaming
The Power of Three: Maximizing Success with Law Firms, Corporate Counsel, and Legal Technology
Podcast - Deberes fiduciarios de los administradores
Podcast: California Employment News - Cases to Watch in Employment Law for 2023
DE Talk | Fostering Intentional Workplace Inclusion through Vocational Rehabilitation
Corporate officers owe the same fiduciary duty of oversight as directors. Just as with directors, officers fulfill their oversight duty by acting in good faith....more
Since the Supreme Court’s January ruling in Hughes v. Northwestern University, circuit courts throughout the country have issued varying rulings regarding 401(k) fee litigation cases. These include the Ninth Circuit in Trader...more
On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more
On May 20, 2021, a federal judge in the U.S. District Court for the District of Minnesota dismissed breach of fiduciary duty claims against UnitedHealth Group, holding that participants in ERISA-governed, employer-sponsored...more
On April 1, 2021, the Ninth Circuit became the third circuit court to conclude that a forum-selection clause in an ERISA 401(k) plan is enforceable. The Ninth Circuit thus denied a petition for mandamus seeking to overturn a...more
Delaware Supreme Court reinstates case alleging fiduciary breach for failure to disclose CEO’s post-merger compensation discussions. Deal negotiators should take care not to negotiate their own post-closing compensation...more
This week’s ruling of the U.S. Supreme Court is potentially positive news and has promising favorable future implications for fiduciaries of ERISA-regulated employee pension plans who might be faced with allegations of...more
This presentation will address beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and common law, and the...more
Morrison v. Berry considers Plaintiff’s claims for damages following the purchase of a grocery-store chain, The Fresh Market, Inc. (“Fresh Market” or the “Company”) by Apollo investment entities. The Plaintiff was a former...more
On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more
On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more
In Marchand v. Barnhill et al. (“Blue Bell”),1 the Delaware Supreme Court on June 19 unanimously reversed the dismissal of a shareholder derivative lawsuit against the members of the board of directors and two officers of...more
On June 18, 2019, the Delaware Supreme Court issued an opinion addressing the fiduciary obligation of directors and officers to exercise proper oversight over the corporation and to implement a system of controls to ensure...more
On May 31, 2019, in Stein v. Blankfein, et. al., the Delaware Court of Chancery reaffirmed the Delaware Supreme Court’s holding in In re: Investors Bancorp, Inc. Stockholder Litigation that the “entire fairness” standard...more
The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees....more
Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more
Communication is Key. This may seem obvious, but good communication can go a long way in preventing a dispute. This includes timely responding to emails and voice messages...more
Two recent decisions from the Delaware Court of Chancery faithfully apply the Delaware Supreme Court’s holding in Corwin v. KKR Financial Holdings LLC. No surprise there. Corwin held that when “a transaction not subject to...more
When alternative entities first came into prominence, questions arose concerning the applicability to them and their stakeholders of corporate law fiduciary duty jurisprudence. Eventually the Delaware General Assembly amended...more
It is not unusual in the lifecycle of a start-up for the company to hit road blocks and have cash flow issues. During these times, the board and its members will ask the company’s professionals what their fiduciary duties are...more
In the Ultimate Escapes bankruptcy case, the U.S. District Court for the District of Delaware recently held that the “business judgment rule” may protect fiduciaries who negotiate and enter into unconventional financing...more
In its continuing efforts to rewrite federal labor law to benefit unions, the National Labor Relations Board (NLRB) has again narrowed the definition of “supervisor” under Section 2(11) of the National Labor Relations Act...more
Participants in Anthem Inc.’s $5.1 billion 401(k) plan have sued plan fiduciaries, alleging that they have top-shelf tastes that constitute a breach of the duties of loyalty and prudence owed to participants, and that the...more
Earlier this year, in a consolidated breach of fiduciary duty and appraisal action, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued a post-trial opinion that includes many important takeaways for...more
At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more