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Safe Harbors

Mayer Brown

Navigating Recent Amendments To The Delaware General Corporation Law: Governing Conflicted Transactions

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In this episode, Mayer Brown partners Andrew Noreuil and Brian Massengill discuss this year’s amendments to the Delaware General Corporation Law, which have fundamentally altered the landscape for conflicted transactions. Our...more

Freeman Law

Penalties for Failures with Respect to Forms 1099 and Other Information Returns

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Section 6721 of the Internal Revenue Code imposes a penalty on any person who fails to file a Form 1099 or other information return to the IRS by the required filing date, fails to include all information required to be shown...more

Perkins Coie

New Utah AI Laws Change Disclosure Requirements and Identity Protections, Target Mental Health Chatbots

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Key Takeaways - - Utah has introduced five new bills that further shape its existing Artificial Intelligence Policy Act and add new requirements. - Both the scope of disclosure requirements surrounding the use of AI...more

Hinch Newman LLP

How to Reduce Potential TCPA Liability and FCC Reassigned Numbers Database

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The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use the...more

McDermott Will & Emery

Hatch-Waxman or Not, Clinical Trials Aren’t Subject to Injunction

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Analyzing the permissible scope of an injunction under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit reversed the district court’s prohibitions on an open-label extension (OLE) of a then-running...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Tells Companies: ‘Let’s Stay Together’

Key Points - - While there have been some vocal critics of Delaware corporations law, few major companies have reincorporated in other states, and Delaware incorporation continues to offer substantial benefits to companies...more

Fenwick & West LLP

New Digital Asset Regulatory Framework: Analysis of the Latest Discussion

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In a significant development for the digital asset industry, Republican lawmakers from the U.S. House Committees on Financial Services and Agriculture have released a comprehensive discussion draft of proposed legislation...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Jazz Pharma. v. Avadel CNS Pharma: Federal Circuit Applies a Fact-Specific Approach to the Patent Infringement Safe Harbor

In a precedential ruling, the U.S. Court of Appeals for the Federal Circuit in Jazz Pharma. v. Avadel CNS Pharma., 2025 WL 1298920, — F.4th — (Fed. Cir. May 6, 2025), addressed the scope of the 35 U.S.C. § 271(e)(1) “safe...more

Tarter Krinsky & Drogin LLP

Significant DGCL Amendments Expand Protections for Corporate Insiders

Amendments to Section 144 of the Delaware General Corporation Law (DGCL) broaden safe harbor protections for interested director and officer transactions and extend such protections to controlling stockholder transactions....more

Venable LLP

Delaware Enacts Corporate Law Amendments Establishing Safe Harbor Protections for Conflicted Transactions and Clarifying...

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In late March 2025, the Delaware General Assembly enacted, and Governor Matt Meyer signed, bipartisan legislation making significant amendments to the Delaware General Corporation Law (DGCL)....more

Sheppard Mullin Richter & Hampton LLP

Navigating the Legal Soup: A New “Short-Form” Recipe for Prop 65 Warnings on Food and Beverages

Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings...more

Eversheds Sutherland (US) LLP

SEC extends security-based swap reporting requirements safe harbor to 2029

On April 17, 2025, the Securities and Exchange Commission (SEC) extended the expiration date of a no-action statement (Compliance Statement) regarding compliance with reporting rules for security-based swap data repositories...more

Bricker Graydon LLP

COPPA 2.0: The Remake

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After the Children’s Online Privacy Protection Rule (COPPA) updates, proposed by the FTC’s Final Rule, were paused due to an Executive Order in January this year, many wondered whether that would be the end of the long...more

ArentFox Schiff

Delaware’s New Approach To Interested Director and Minority Stockholder Protections

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On March 25, Delaware governor, Matt Meyer, signed into law Substitute 1 to Senate Bill 21 (SB 21), following its rapid approval by the Delaware state legislature. This legislative measure aims to counter the current trend of...more

Venable LLP

The Current State of Captive Audience Meetings

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Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months....more

Pillsbury Winthrop Shaw Pittman LLP

California SB 813 Proposes Landmark Safe Harbor for AI Development Through Certification

With SB 813, California introduces a first-in-the-nation framework that reduces regulatory uncertainty and encourages responsible AI innovation. In addition to fostering public-private cooperation over top-down mandates, the...more

Woodruff Sawyer

Will SPACs Benefit From Recent DGCL Amendments?

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In the last edition of the SPAC Notebook, we examined the current risks to SPACs incorporating in the Cayman Islands. In this edition, we turn our focus to Delaware and its new set of amendments to the Delaware General...more

Shook, Hardy & Bacon L.L.P.

Developments in Delaware Corporate Law

On March 25, 2025, Delaware Gov. Matt Meyer signed amendments to the Delaware General Corporation Law (DGCL), introducing notable changes to Sections 144 and 220 of the DGCL. These amendments took immediate effect and may...more

Bradley Arant Boult Cummings LLP

Mobile Workforce/Remote Worker Legislation Could Impact Your Business

Well-respected House Ways & Means-Education Committee Chair Danny Garrett (R-Trussville) has introduced HB 379, a bill designed to provide guidelines and a safe harbor for employers who have traveling employees or remote...more

Mayer Brown

Delaware Law Alert: A Step-by-Step Approach for Boards Evaluating Conflicted Director, Officer, and Controlling Stockholder...

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In perhaps one of the most significant revisions to the Delaware General Corporation Law (DGCL), on March 25, 2025, the governor signed into law amendments overhauling much of the state’s law relating to conflicted...more

WilmerHale

Selected Reminders for Companies Ahead of First Quarter Reporting

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Global events over the past quarter have had and continue to have a variety of disparate impacts on public companies. Below are some selected disclosure reminders to keep in mind for the upcoming quarterly reporting season,...more

Vinson & Elkins LLP

Delaware Amendments Provide Clarity on Conflicted Transactions and Books and Records Requests

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Delaware amended the Delaware General Corporation Law (the “DGCL”) to create safe harbors for transactions involving directors, officers and controlling stockholders and to limit both the documents subject to and the purposes...more

Benesch

Delaware Amends DGCL Section 144 to Add Safe Harbors for Interested and Controlling Stockholder Transactions

Benesch on

On March 25, 2025, the governor of Delaware signed into law significant changes to Section 144 of the Delaware General Corporation Law (“DGCL”). The changes provide safe harbors to Boards of Directors and controlling...more

Seyfarth Shaw LLP

Delaware General Corporation Law 2025 Amendments--Interested Person/Control Person Transactions and Inspection Rights

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The State of Delaware, home to a majority of the so-called “Fortune 500” corporations, has been the subject of a variety of criticisms relating to corporate governance, director and officer litigation risk, controlling...more

Cole Schotz

State of Delaware Adopts Milestone Amendments to the Delaware General Corporation Law

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On March 25, 2025, significant amendments to the General Corporation Law of the State of Delaware (the DGCL), intended to provide greater certainty to transaction planners in light of recent Delaware case law developments,...more

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