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15 Nov 2023, 3:15 am
The Order recites no facts suggesting that Charter’s management used more funds than the board authorized for share buybacks, that management purchased shares at a quantity or time inconsistent with the board’s authorization, or that management failed to properly record the expenditure of corporate funds and consequent purchase of shares on Charter’s books. [read post]
13 Nov 2023, 9:05 pm
The Council also was not persuaded by comments that it was required by the court decision in MetLife[7] to conduct a cost-benefit analysis or an assessment of the likelihood of a company’s material financial distress prior to making a designation.[8]The Interpretive Guidance will become effective 60 days following its publication in the Federal Register and the Analytic Framework will become effective upon its publication. [read post]
13 Nov 2023, 5:05 am
AXA Art Insurance Corporation v. [read post]
13 Nov 2023, 4:07 am
The underlying petition essentially mimicked allegations typically found in a petition for judicial dissolution of a corporation under Sections 1104 and 1104-a of the Business Corporation Law, i.e., exclusion from LLC’s business affairs, internal dissension, irreconcilable conflict such that dissolution would be beneficial to the membership, denial of access to records, and that dissolution would not injure the public. [read post]
10 Nov 2023, 11:33 am
In 2015, Boston Beer hired Brian Soudant, who was eventually promoted to a manager of IT, sales, and business analysis. [read post]
10 Nov 2023, 10:42 am
That rule allows: At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:… (2) The deposition of a party or of anyone who at the time of… [read post]
9 Nov 2023, 12:17 pm
Rather, the question should be a constitutional one; ‘Does the person hold an office within the constitutional structure of the body corporate, as is the case with directors, managers and secretaries? [read post]
8 Nov 2023, 9:05 pm
At the same time, the management companies that once lobbied intensely against bank-run CITs have set up trust subsidiaries and affiliated banks to establish their own CITs.[5] In my working paper, I offer several considerations for a robust analysis of the retirement security and corporate governance tradeoffs associated with CITs. [read post]
8 Nov 2023, 9:01 pm
Programming note: In observance of Veterans Day, we will not be publishing a blog tomorrow. [read post]
8 Nov 2023, 2:26 pm
(effectively, the corporate parent of FTX Ventures, FTX Trading, and Almeda Research). [read post]
8 Nov 2023, 3:16 am
My understanding right now is that the Staff really is asking for the “print date” versus the “filing date” in this field, to help manage workflow. [read post]
8 Nov 2023, 3:15 am
Corporate legal departments may bring more work in-house powered by their own AI tools. [read post]
7 Nov 2023, 9:05 pm
US Regulatory Steps In the U.S., regulating AI is in Its early days. [read post]
7 Nov 2023, 8:18 am
"Bankruptcy is too powerful a tool to be used responsibly by corporate giants like Johnson & Johnson," Birchfield said. [read post]
7 Nov 2023, 2:30 am
The evolution of the corporate landscape towards a more balanced work-life dynamic underscores the changing priorities of both employers and employees. [read post]
6 Nov 2023, 2:00 pm
At a minimum, the Executive Order has important implications for AI-related corporate risk management. [read post]
6 Nov 2023, 2:30 am
Kendra Mack’s journey, from her early days in corporate America to her pivotal role at Kanarys, is a testament to her dedication to DEIB. [read post]
6 Nov 2023, 2:30 am
Kendra Mack’s journey, from her early days in corporate America to her pivotal role at Kanarys, is a testament to her dedication to DEIB. [read post]
5 Nov 2023, 10:11 am
Discussion As I noted in a recent post (here), one of the more provocative ongoing discussions in the world of corporate and securities litigation these days is whether everything and anything can be turned into a securities fraud allegation. [read post]
2 Nov 2023, 9:05 pm
Boards and management should monitor these developments as appropriate within the framework of risk management — and may wish to make their voices heard in the regulatory process, to the extent the initiative launched today impacts corporate priorities. [read post]
