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29 May 2024, 3:15 am
At one point, I collaborated with a company facing severe financial difficulties. [read post]
29 May 2024, 3:03 am
One practical consideration is whether the individual is working as a business—including doing business under an established business entity, such as an LLC or corporation; maintaining business licenses to perform their trade; and engaging in marketing, advertising, or other efforts to secure more work. [read post]
28 May 2024, 11:00 pm
# # #DECISIONMatter of Nathaniel I. [read post]
28 May 2024, 9:05 pm
In a new book chapter, I explore two case studies to reveal how judges can use information forcing to develop robust disclosure discourse in the good faith and oversight context. [read post]
28 May 2024, 8:05 pm
Bernstein Management Corporation, 22-CV-0537, Slip op. [read post]
28 May 2024, 8:05 pm
Bernstein Management Corporation, 22-CV-0537, Slip op. [read post]
28 May 2024, 1:50 pm
There is no doubt that, as I have previously noted on this site, the conversation about ESG has changed over time, particularly as ESG has faced a political backlash. [read post]
28 May 2024, 12:33 pm
I tend to agree. [read post]
28 May 2024, 12:25 pm
In this short essay, I therefore hope to supplement the important story that Zittrain tells of the tug between rights and public health understandings of online speech governance with a story of how law, including American constitutional law, has sanctioned, and now perhaps is turning against, the corporations that are the agents of Zittrain’s story. [read post]
28 May 2024, 9:56 am
” In that 2019 decision, the Court of Appeals concluded that [i]f substantial compliance with subsection (f) was all that is required (i.e., service of notice on other individuals or entities associated with the municipal corporation other than those specified in subsection (f) would be sufficient), then there was no purpose in enacting subsection (f), at least not with the use of the directive “shall,” which is a mandatory command. [read post]
28 May 2024, 8:29 am
This is an important decision because it prevents the TTAB from being used to settle internal corporate management issues. [read post]
28 May 2024, 6:31 am
In a new Article I try to bridge this mismatch by conceptualizing the doctrine (often dubbed Caremark, after Delaware’s leading precedent). [read post]
28 May 2024, 6:31 am
In a new Article I try to bridge this mismatch by conceptualizing the doctrine (often dubbed Caremark, after Delaware’s leading precedent). [read post]
28 May 2024, 5:42 am
It hurts consumers, unfairly favors sophisticated corporations, and abandons the scrutinous approach generally taken to agreements of adhesion like form consumer contracts. [read post]
27 May 2024, 10:00 pm
Explore the Practical Guidance Journal Spring 2024 Edition, featuring guidance on protecting attorney-client privilege and work product in a generative AI world, using AI to manage the attorney-client relationship, an overview of privacy regulations in the United States, and a primer on the new Corporate Transparency Act requirements. [read post]
27 May 2024, 9:01 pm
For example: In July 2023, the SEC adopted new disclosure rules for public companies on cybersecurity risk management, strategy, governance, and incident disclosure, as discussed in our earlier Memorandum to Clients.[3] In October 2023, the SEC filed a complaint against SolarWinds Corporation and its Chief Information Security Officer alleging material misstatements and omissions regarding the company’s cybersecurity, as detailed in our earlier Memorandum to Clients.[4] That same… [read post]
27 May 2024, 4:10 pm
After making his bones defending entrenched corporate managers from the discipline of the market for corporate control, Martin Lipton lately has been defending entrenched corporate managers from the discipline of the stock market. [read post]
27 May 2024, 3:46 pm
British corporate law scholar Marc Moore has published a very interesting article on the trans-Atlantic origin of private equity, which he has summarized for the CLS Blue Sky Blog. [read post]
27 May 2024, 2:27 pm
Any Texas attorney in good standing can practice Texas law in their chosen field, from corporate law to criminal defense. [read post]
27 May 2024, 1:49 pm
Here is what I see as the value of these observations. [read post]
