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13 Feb 2023, 5:59 am by Kevin LaCroix
[v] The court also considered Delaware’s strong interest in providing a forum for disputes regarding the internal affairs of LLCs formed under its laws. [read post]
9 Feb 2023, 9:05 pm by renholding
Recently, 21 state attorneys general sent a letter to proxy advisory firms Institutional Shareholder Services (ISS) and Glass Lewis asserting that these firms may be violating their contracts with the states’ investment vehicles and federal and state laws by adopting voting policies and making voting recommendations that take into consideration climate change and DEI matters. [read post]
9 Feb 2023, 9:05 pm by Zoe Stern
Melling pointed to cases such as Fulton v. [read post]
7 Feb 2023, 2:13 pm by Alejandro Moreno and Eugene Choi
Under Caremark, a plaintiff may state a claim for failure of oversight against a director where such director acted in bad faith by (1) utterly failing to implement any reporting or information systems or controls; or (2) having implemented such a system or controls, consciously failing to monitor or oversee their operations, including ignoring red flags. [read post]
7 Feb 2023, 6:30 am
” Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. [read post]
7 Feb 2023, 6:30 am
” Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. [read post]
6 Feb 2023, 9:01 pm by renholding
In this article, we provide background on these developments and identify five steps that directors may want to consider as they develop risk governance frameworks. [read post]
6 Feb 2023, 1:37 pm by Guest Author
On this point, the 2003 Rule Release states as follows:  Our PRA estimates do not include any additional burdens or costs that a company will incur as a result of having to obtain an auditor’s attestation report on management’s internal control report because the [Public Company Accounting Oversight Board], rather than the Commission, is responsible for establishing the attestation standards and the Sarbanes-Oxley Act itself requires companies to obtain such an… [read post]
6 Feb 2023, 11:15 am by Kevin LaCroix
Also pending is the class action Sarcuni v. bZx DAO, initially filed on May 2, 2022, in the U.S. [read post]
1 Feb 2023, 9:01 pm by renholding
Director Levenson was the consummate public servant who left an enduring mark on the Division of Corporation Finance, and the Commission more generally. [read post]
1 Feb 2023, 5:28 pm by InvestorLawyers
(AFIN) and, before that, as American Realty Capital Trust V, Inc., may have FINRA arbitration claims, if their investment was recommended by a financial advisor who lacked a reasonable basis for the recommendation, or if the nature of the investment was misrepresented by the stockbroker or advisor. [read post]
31 Jan 2023, 9:31 am by Greg Reed
He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and AV rated by Martindale-Hubbell. [read post]