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Results: 1-10 of 103

Litigation threat means public companies should review director compensation process
  • Locke Lord LLP
  • USA
  • June 16 2015

Corporate directors are permitted to, and regularly do, set their own compensation. This has not been controversial because boards have typically


Enforcing US Stock and Bonus Plan Provisions Against UK Executives
  • Locke Lord LLP
  • United Kingdom, USA
  • January 7 2016

Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based


Quasi-California Corporations - the application of California’s long-arm statute in mergers and acquisitions
  • Locke Lord LLP
  • USA
  • October 29 2014

California Corporations Code Section 2115 sets forth a "long-arm statute" which requires corporations incorporated outside of California, but with


What to Expect in 2016 from the U.S. Department of Justice, Antitrust Division: Critical Legal Advice to Japanese Companies and Their Executives (Whether Located Inside or Outside the United States) in the Auto Parts Industry
  • Locke Lord LLP
  • USA
  • December 23 2015

With over 50 Japanese executives charged and more than 30 Japanese companies having faced criminal charges and having paid some $4 billion in fines


Spokeo v. Robins: Supreme Court Rejects Article III Standing Based Solely on Statutory Violation
  • Locke Lord LLP
  • USA
  • May 16 2016

In Spokeo v. Robins, the U.S. Supreme Court (6-2) reversed the Ninth Circuit’s holding that an alleged violation of the Fair Credit Reporting Act was


Internal investigations - the three C’s confidence. credibility. cost
  • Locke Lord LLP
  • USA
  • June 11 2015

Boards of Directors and management at companies of all sizes face a common problem: they need to make decisions that are best for the company and in


Delaware Supreme Court affirms oversight standard
  • Locke Lord LLP
  • USA
  • January 17 2007

In Stone v Ritter, et al, 2006 WL 3169168 (Del Nov 6, 2006), the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of a derivative action against certain current and former directors of AmSouth Bancorporation (“AmSouth”), a Delaware corporation which paid approximately $50 million dollars in fines and penalties in order to resolve investigations for alleged violations of the federal Bank Secrecy Act and federal anti-money laundering regulations


Delaware Court of Chancery holds that controlling stockholder and directors breached their fiduciary duty of loyalty to the minority stockholders in connection with the allocation of merger proceeds
  • Locke Lord LLP
  • USA
  • January 19 2007

The case of Oliver v Boston University, 2006 WL 1064169 (Del Ch Apr 14, 2006) involved Seragen, Inc (“Seragen”), a financially troubled biotechnology corporation that was nurtured and controlled by Boston University (“BU”) and by affiliates of BU


Cooperation may no longer mean abandoning duty to advance defense costs
  • Locke Lord LLP
  • USA
  • January 19 2007

It is no secret that, in the last few years, the United States government has made corporate misconduct one of its top prosecutorial priorities


Federal court holds Sarbanes-Oxley does not prohibit advancement of indemnifiable expenses
  • Locke Lord LLP
  • USA
  • January 19 2007

In Envirokare Tech, Inc v Pappas, 420 F Supp 2d 291 (SDNY 2006), the Southern District of New York held that Section 402 of the Sarbanes-Oxley Act of 2002, which prohibits a publicly reporting company from making personal loans to its executive officers and directors, does not prohibit a company from advancing defense costs to its directors or officers as those costs are incurred even though the advances are repayable if indemnification were ultimately held to be unavailable