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29 Mar 2018, 7:05 am by Leonard Gordon and Mary Gardner
Shire ViroPharma, Inc., the District Court for Delaware considered the statute’s procedural requirements, ultimately concluding that to adequately plead jurisdiction under Section 13(b), the FTC must also satisfy Section 13(b)(1) by alleging sufficient facts to demonstrate that the defendant was “violating, or is about to violate” a law over which the FTC has enforcement authority. [read post]
14 Feb 2018, 2:57 pm by Kevin LaCroix
Last year also saw Delaware decisions that continue to change the landscape of M&A litigation and interesting developments in the area of SEC enforcement. [read post]
1 Feb 2018, 5:55 pm by Kevin LaCroix
At the time that you purchase your D&O insurance, you don’t know what type of firm might bring a future suit against you. [read post]
26 Jan 2018, 6:32 am
Klingsberg, Cleary Gottlieb Steen & Hamilton LLP, on Friday, January 19, 2018 Tags: Boards of Directors, CalSTRS, Corporate Social Responsibility, ESG, Hedge funds, Institutional Investors, Pension funds, Shareholder activism, Shareholder proposals, Shareholder voting Letter from JANA Partners & CalSTRS to Apple, Inc. [read post]
9 Jan 2018, 4:14 pm by Kevin LaCroix
In the following guest post, Delaware partners Edward Micheletti, Paul Lockwood and associate Chad Davis of the Skadden Arps law firm take a look at the Delaware Supreme Court’s December 14, 2017 opinion in Dell, Inc. v. [read post]
7 Jan 2018, 5:05 pm by Kevin LaCroix
  Indeed, a number of high profile IPO companies have adopted these kinds of forum selection provisions, including, for example, Snap, Inc. [read post]
4 Jan 2018, 10:59 am by John Delaney and Aaron Rubin
Now that 2017 is in the rear view mirror, Section 230 is still standing but its future remains imperiled. [read post]
2 Jan 2018, 5:08 pm by Kevin LaCroix
I have set out below the Top Ten D&O stories of 2017, with an eye to these future possibilities. 1. [read post]
2 Jan 2018, 3:03 am by Peter Mahler
This year’s list includes seven noteworthy appellate decisions, two of which — Mace v Tunick and Shapiro v Ettenson — are poised to have major impact on future operating agreements and business divorce cases involving LLCs. [read post]
27 Dec 2017, 11:19 am by Wolfgang Demino
ONE MONTH INTO THE FIGHT OVER HEART AND SOUL NOT TO MENTION CONTROL OF THE CONSUMER FINANCIAL PROTECTION BUREAUDocket entry for 12/22 injunction hearing says "oral arguments heard. [read post]
27 Dec 2017, 11:19 am by Wolfgang Demino
ONE MONTH INTO THE FIGHT OVER HEART AND SOUL NOT TO MENTION CONTROL OF THE CONSUMER FINANCIAL PROTECTION BUREAU Docket entry for 12/22 injunction hearing says "oral arguments heard. [read post]
26 Dec 2017, 3:34 am by Franklin C. McRoberts
AGI had a comprehensive written operating agreement including a Delaware choice-of-law provision. [read post]
14 Dec 2017, 6:21 am
The case concerned the reclassification of the capital structure of NRG Yield, Inc. [read post]