Court of Chancery Dismisses Post-Closing Challenge to Merger Transaction
July 02, 2017
Stockholders who believe that a board breached its fiduciary duties in connection with information provided to stockholders asked to vote for a merger transaction can either seek to enjoin the transaction or seek damages post-closing. In light of the Delaware courts' jurisprudence post-<i>Corwin</i>, such claims are unlikely to succeed
Law Firm Strategy Execs Wield Uneven Clout
July 02, 2017
The role of chief strategy officer (CSO) — increasingly common in corporate America — has been adopted by relatively few law firms. Consultants say perceptions of what the position entails and whether it's necessary vary widely throughout the legal industry.
Antitrust Corporate Dispositions
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
DOL Issues Final Regulations on Disability Benefits Claims Procedures
June 02, 2017
As has been the case for several months now, health care legislation has been front and center. However, the DOL has recently issued final regulations impacting health and welfare plans that will become law, and are not up for debate, as are other health care changes. Here's what you need to know.
DE Corporate Law and Chancery Review
June 02, 2017
Analysis of three recent decisions from the Delaware Court of Chancery that provide useful legal insights for corporate executives and those who counsel them.
Your H-1B Petition Was Not Selected in the Lottery
June 02, 2017
<b><I>Now What?</I></b><p>Fairly soon, an estimated 150,000 businesses in the United States will receive some bad news: U.S. Citizenship and Immigration Services (USCIS) will not be considering their H-1B petitions for skilled foreign workers. These businesses with a clear need for temporary help will have to explore other ways to keep their prospective or current employee working for their company, or face the possibility that the foreign worker may be forced to return home.
Federal and State Cybersecurity Regulation of Financial Services Firms
June 02, 2017
Two states recently enacted or proposed rules for financial services firms. This may be just the beginning of a national trend toward increased state regulation of cybersecurity matters. Financial services firms and their management should be prepared to proactively address the shifting regulatory landscape as it continues to evolve.
What Lawyers Can Learn from Poker Players
June 02, 2017
Litigation is often compared to chess. The image is evoked of a lawyer strategically developing evidence and making arguments the same way a chess player moves and sacrifices pieces on a chessboard, to defeat an opponent. But ask any trial lawyer, and he or she will tell you that litigation is nothing like chess. The better analogy and, more importantly, the better place to turn for useful practice pointers, is poker. Here's why.
Using Computer Forensics to Investigate Employee Data Theft
May 02, 2017
Departing employees have a sense of ownership over the data that they copy. Intellectual property commonly stolen includes customer lists, secret formulas, source code, strategy documents and other trade secrets. The information is often used against the organization when the former employee goes to work for a competitor or decides to start a new company.
Finding the Right Outside Counsel for Your Company
May 02, 2017
<b><I>Smart Strategies</I></b><p>In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article presents some practical guidance to help corporate counsel achieve this goal.
