Boards of Directors
New Delaware Ruling Highlights Unintended Consequences of Excluding Officers from Fiduciary Duty WaiversBringing an End to “Derivative” Section 14(a) Claims – Without Waiting for the Supreme Court to Weigh InDerivative Claim Against Shell’s Board by Climate-Change Activist Shareholder is Refused Permission to Proceed
CBS-NAI Dispute
Lessons Learned from the CBS-NAI Dispute: Rights of Board Members to Access Privileged Communications with Company CounselLessons From the CBS-NAI Dispute: Who is an "Independent" Director in the Context of a Controlled CompanyLessons from the CBS-NAI Dispute: When (If Ever) Will the Court of Chancery Grant a TRO To Restrain a Controlling Stockholder From Taking Action to Prevent a Board From Diluting Its Voting Control?
Delaware Law
New Delaware Ruling Highlights Unintended Consequences of Excluding Officers from Fiduciary Duty WaiversBringing an End to “Derivative” Section 14(a) Claims – Without Waiting for the Supreme Court to Weigh InPrivate Equity Buyer Permitted to Walk From Deal Based on Capitalization Representation Breach
Merger Litigation
New Delaware Ruling Highlights Unintended Consequences of Excluding Officers from Fiduciary Duty WaiversSweeping Changes to Premerger (HSR) Process in the United States Proposed by Enforcement AgenciesDelaware Chancery Court Highlights Tension Between Freedom of Contract and Corporate Fiduciary Duties
Venture Capital
Germany Strengthens Corporate Social Responsibility in Supply ChainsVenture Capital Investing: New NVCA Models, and New Challenges for Foreign Investors in Early-Stage U.S. CompaniesGuidance on Navigating the Atlassian Term Sheet: Understanding the Substantive Implications Behind the Virtues of Standardization in M&A