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16 Aug 2022, 3:59 pm by Steve Bainbridge
As the late Delaware Supreme Court Justice Randy Holland observed, "the Delaware Supreme Court refined the business judgment rule in what is now a seminal case--Aronson v. [read post]
12 Aug 2022, 6:51 am
Niles, Wachtell, Lipton, Rosen & Katz, on Tuesday, August 9, 2022 Tags: Board oversight, Boards of Directors, Compliance & ethics, Corporate liability, Delaware cases, Delaware law, In re Caremark, Risk Second Circuit on Stating a Claim for Scheme Liability Posted by Israel David, Samuel P. [read post]
12 Aug 2022, 6:51 am
Niles, Wachtell, Lipton, Rosen & Katz, on Tuesday, August 9, 2022 Tags: Board oversight, Boards of Directors, Compliance & ethics, Corporate liability, Delaware cases, Delaware law, In re Caremark, Risk Second Circuit on Stating a Claim for Scheme Liability Posted by Israel David, Samuel P. [read post]
12 Aug 2022, 4:00 am by Howard Friedman
., Aug. 10, 2022), the Delaware Supreme Court accepted the report of its Board on Professional Responsibility and involuntarily transferred a state bar member to disability inactive status. [read post]
11 Aug 2022, 3:00 am by John Jenkins
Fisher, (9th Cir.; 5/22), the 9th Circuit upheld a prior district court ruling dismissing federal disclosure claims and state law derivative claims on the basis of an exclusive forum bylaw designating the Delaware Court of Chancery as the exclusive forum for derivative suits. [read post]
10 Aug 2022, 10:05 am
The Question is How.Baude discusses the Supreme Court's use of history in its most recent term. [read post]
9 Aug 2022, 6:32 am
In 2019, the Delaware Supreme Court’s decision in Marchand reminded boards that although the Caremark standard only requires a good faith effort to put in place and attend to a reasonable compliance structure, a plaintiff could state a claim against directors by pleading facts suggesting that the board failed to make any effort to ensure that a board-level system of oversight was in place to address a mission critical risk. [read post]
9 Aug 2022, 6:32 am
In 2019, the Delaware Supreme Court’s decision in Marchand reminded boards that although the Caremark standard only requires a good faith effort to put in place and attend to a reasonable compliance structure, a plaintiff could state a claim against directors by pleading facts suggesting that the board failed to make any effort to ensure that a board-level system of oversight was in place to address a mission critical risk. [read post]
8 Aug 2022, 3:10 am by Franklin C. McRoberts
The Shalov Case Last month, New York County Supreme Court Justice Nancy M. [read post]
5 Aug 2022, 6:30 am
EPA Casts a Shadow Over SEC’s Proposed Climate-Related Disclosure Rule Posted by Taryn Zucker, Lauren Lee, and Evelyne Kim, Freshfield Bruckhaus Deringer LLP, on Wednesday, August 3, 2022 Tags: Climate change, Environmental disclosure, EPA, ESG, Materiality, SEC, Securities regulation, Supreme Court, Sustainability, West Virginia v. [read post]
5 Aug 2022, 6:30 am
EPA Casts a Shadow Over SEC’s Proposed Climate-Related Disclosure Rule Posted by Taryn Zucker, Lauren Lee, and Evelyne Kim, Freshfield Bruckhaus Deringer LLP, on Wednesday, August 3, 2022 Tags: Climate change, Environmental disclosure, EPA, ESG, Materiality, SEC, Securities regulation, Supreme Court, Sustainability, West Virginia v. [read post]
5 Aug 2022, 3:58 am
As the Supreme Court has stated, “Federal courts ordinarily follow state law in determining the bounds of their jurisdiction over persons. [read post]
31 Jul 2022, 9:05 pm by Geeyoung Min and Alexander M. Krischik
Second, since the Delaware Supreme Court’s decision in California State Teachers’ Retirement System v. [read post]
29 Jul 2022, 3:33 pm by Edward T. Kang
In June 2022, the Supreme Court denied Kapoor’s petition for certiorari, leaving the U.S. [read post]
24 Jul 2022, 2:07 pm by Francis Pileggi
In short, when the Delaware Supreme Court speaks, those who labor in its vineyard need to listen. [read post]
22 Jul 2022, 2:19 pm by Florian Mueller
And how can Conti tell the Supreme Court that there is a circuit split when the modified panel opinion is unpublished and non-precedential? [read post]