Don’t Ask/Don’t Waive Standstills & Attorneys’ Fees in Delaware
Editor's Note: This post is based on a Morris, Nichols, Arsht & Tunnell LLP client memorandum by Morris Nichols’ Delaware Corporate Counseling Group partners Andrew M. Johnston, Eric...
View ArticleDelaware Chancery Emphasizes Materiality as Key in Disclosure-Based M&A...
Editor's Note: The following post comes to us from Bradley W. Voss, partner in the Commercial Litigation Practice Group of Pepper Hamilton LLP, and is based on a Pepper Hamilton publication. This post...
View ArticleFixing Merger Litigation
Editor's Note: Steven M. Davidoff is Professor of Law and Finance at Ohio State University College of Law. As of July 2014, Professor Davidoff will be Professor of Law at the University of California,...
View ArticleThe Evolving Face of Deal Litigation
Editor's Note: Daniel Wolf is a partner at Kirkland & Ellis focusing on mergers and acquisitions. The following post is based on a Kirkland memorandum by Mr. Wolf, Sarkis Jebejian, Yosef J. Riemer,...
View ArticleDelaware Court Endorses “Fee-Shifting” Bylaw
Editor's Note: The following post comes to us from Wilson Sonsini Goodrich & Rosati, and is based on a WSGR Alert memorandum by Chancellor William Chandler, David Berger, Katherine Henderson,...
View ArticleSettlements of Shareholder Litigation Involving M&A
Editor's Note: John Gould is senior vice president at Cornerstone Research. This post discusses a Cornerstone Research report by Olga Koumrian, titled “Settlements of Shareholder Litigation Involving...
View ArticleHow Much Protection Do Indemnification and D&O Insurance Provide?
Editor's Note: The following post comes to us from Jon N. Eisenberg, partner in the Government Enforcement practice at K&L Gates LLP, and is based on a K&L Gates publication by Mr. Eisenberg;...
View ArticleThe Elusive Promise of Reducing Shareholder Litigation Through Corporate Bylaws
Editor's Note: Holly J. Gregory is a partner and co-global coordinator of the Corporate Governance and Executive Compensation group at Sidley Austin LLP. This post is based on a Sidley update, and is...
View ArticleDelaware Court Denies Attorneys’ Fees for Alleged Dodd-Frank Disclosure...
Editor's Note: The following post comes to us from Stewart D. Aaron, partner in the Securities Enforcement and Litigation practice at Arnold & Porter LLP, and is based on an Arnold & Porter...
View ArticleAdvantages of Board Actions on a “Clear Day”
Editor's Note: Daniel Wolf is a partner at Kirkland & Ellis focusing on mergers and acquisitions. The following post is based on a Kirkland memorandum by Mr. Wolf, Sarkis Jebejian, and Matthew...
View ArticleShareholder Litigation Without Class Actions and The “Semi-Circularity Problem”
Editor's Note: The following post comes to us from David H. Webber of Boston University Law School. What would happen to shareholder litigation if the class action disappeared? In my article,...
View ArticleDelaware (Again) Proposes Sledgehammering Fee-Shifting Bylaws
Editor's Note: The following post comes to us from John L. Reed, chair of the Wilmington Litigation group and a partner in the Corporate and Litigation groups at DLA Piper LLP, and is based on a DLA...
View ArticleCorrecting Corporate Benefit: Curing What Ails Shareholder Litigation
Editor's Note: The following post comes to us from Sean J. Griffith, T.J. Maloney Chair in Business Law at Fordham University School of Law, and is part of the Delaware law series, which is cosponsored...
View ArticleDelaware Court: Fee-Shifting Bylaw Does Not Apply to Former Stockholder
Editor's Note: Toby Myerson is a partner in the Corporate Department at Paul, Weiss, Rifkind, Wharton & Garrison LLP and co-head of the firm’s Global Mergers and Acquisitions Group. The following...
View ArticleDeterring Frivolous Stockholder Suits Without Closing Doors to Legitimate Claims
Editor's Note: The following post comes to us from Mark Lebovitch and Jeroen van Kwawegen of Bernstein Litowitz Berger & Grossmann LLP. This post is part of the Delaware law series, which is...
View Article“No Pay” Provisions: The Forgotten Middle Ground In The Fee-Shifting Battle
Editor's Note: A. Thompson Bayliss is a partner at Abrams & Bayliss LLP. This post is based on a Abrams & Bayliss publication by Mr. Bayliss and Mark H. Mixon, Jr. This post is part of the...
View ArticleDoes Pending Delaware Legislation Cover Fee Shifting in Securities Cases?
Editor's Note: Neil J. Cohen is the publisher of the Bank and Corporate Governance Law Reporter. The article is part of a series of articles on the Delaware legislation regarding fee shifting,...
View ArticleNew DGCL Amendments Endorse Forum Selection Clauses and Prohibit Fee-Shifting
Editor's Note: Jack B. Jacobs is Senior Counsel at Sidley Austin LLP, and a former justice of the Delaware Supreme Court. The following post is based on a Sidley update, and is part of the Delaware law...
View ArticleAmendments to the DGCL
Editor's Note: Gregory P. Williams is chair of the Corporate Department at Richards, Layton & Finger. This post is based on a Richards, Layton & Finger publication, and is part of the Delaware...
View ArticleDGCL Amendments Authorize Exclusive Forum Provisions and Prohibit...
Editor's Note: Laura D. Richman is counsel and Andrew J. Noreuil is partner at Mayer Brown LLP. This post is based on a Mayer Brown Legal Update, and is part of the Delaware law series, which is...
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