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Employment Litigation Board of Directors

Hogan Lovells

Gilbert v. Unisys: The Court of Chancery grants advancement to unelected officers

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In Gilbert v. Unisys Corp., the Delaware Court of Chancery held that two former employees with the title of Vice President were entitled to advancement of litigation expenses brought by the corporation, despite the fact that...more

Morris James LLP

Chancery Finds that Former Employees were “Officers” Entitled to Advancement

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Gilbert v. Unisys Corp., C.A. No. 2023-0513-PAF (Del. Ch. Aug. 13, 2024) - In this decision, the Court of Chancery held that the plaintiffs were entitled to advancement of legal fees and expenses from their former...more

Bennett Jones LLP

The Function and Limits of Directors and Officers Insurance Policies in Class Actions and the Companies’ Creditors Arrangement Act

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The Ontario Superior Court has held that claims made insurance policies issued to directors and officers upon a company filing for protection under the Companies' Creditors Arrangement Act, RSC 1985, c C-36 (the CCAA) could...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Nutter McClennen & Fish LLP

Massachusetts Court Awards Preliminary Injunction to Wrongfully Terminated Board Member

Judge Kazanjian, sitting in the Massachusetts Business Litigation Session, allowed a plaintiff board member’s motion for a preliminary injunction. Judge Kazanjian’s order reinstated the plaintiff to the board of directors and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Allen Matkins

Owners, Directors, Officers And Managing Agents May Face Liability Under This California Statute - Oh My!

Allen Matkins on

Section 558.1 of the California Labor Code provides that a "person acting on behalf of an employer" may be liable "as the employer" for violating, or causing to be violated, any provision regulating minimum wages or hours and...more

Proskauer - California Employment Law

California “Women on Boards” Law Ruled Unconstitutional, but California Will Appeal

Last Friday, the Los Angeles Superior Court in Crest et al. v. Padilla (“Crest”) held that Senate Bill 826 (“SB 826”), also known as the “Women on Boards” law, is unconstitutional. The lawsuit challenging the law was brought...more

Bennett Jones LLP

Ontario Eliminates Director Residency Requirements and Permits Majority Shareholder Resolutions in Writing

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In November of 2020, we wrote about forthcoming changes to the Ontario Business Corporations Act (OBCA) proposed by the Government of Ontario in Bill 213 Better for People, Smarter for Business Act, 2020. After receiving...more

Akin Gump Strauss Hauer & Feld LLP

Top 10 Topics for Directors in 2020: Pay Equity

Corporate Pay Equity - When competing for top talent, equal pay matters. Boards of directors are increasingly demanding proactive measures to ensure equal pay, and many Fortune 500 companies are publishing the results of...more

Mintz - Bankruptcy & Restructuring Viewpoints

In Massachusetts, Directors and Investors Acting in their Normal Capacities Do Not Have Personal Liability for Wage Act Violations

The Massachusetts Supreme Judicial Court recently held that the Massachusetts Wage Act does not impose personal liability on board members or investors acting in their normal capacities. In Segal v. Genitrix, LLC, the SJC...more

Littler

Massachusetts High Court Rules that Investors and Board Members are not Personally Liable for Unpaid Wages Under State Law

Littler on

The Massachusetts Supreme Judicial Court recently held that individuals acting as board members and investors cannot be held personally liable under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148, for a...more

Seyfarth Shaw LLP

Company Investors And Board Members Off The Hook For Unpaid Wages In Massachusetts

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act. The SJC held that board members and directors...more

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