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Citing "Issue Preclusion," the Delaware Court of Chancery Denies Advancement to a Company's Vice President
  • Duane Morris LLP
  • USA
  • August 5 2016

The Delaware Court of Chancery typically holds that a corporation must advance the fees and expenses of an executive or officer-level employee who is


Third-Party Service Provider to Private Equity Funds Pays More Than $350,000 for Gatekeeping Failures
  • Drinker Biddle & Reath LLP
  • USA
  • June 21 2016

On June 16, 2016, Apex Fund Services (US), Inc., settled charges that it ignored clear indications of fraud while keeping records and preparing


Sidley Perspectives on M&A and Corporate Governance - June 2016
  • Sidley Austin LLP
  • USA
  • June 10 2016

The exposure of corporate directors to shareholder derivative suits relating to their obligations to provide "risk oversight" to the company may turn


Protecting the Private Equity Firm and its Deal Professionals from the Obligations of its Acquisition Vehicles and Portfolio Companies
  • Weil Gotshal & Manges LLP
  • United Kingdom, USA
  • May 23 2016

In the countercultural attitudes of the 1960s, there was a lot of talk about the need to get behind the facade presented by one’s outward facing


Foreign Investors Active in the U.S. - Stricter Enforcement of Criminal Laws Against Senior Management and Ways to Stay Clean for Investors
  • Milbank Tweed Hadley & McCloy LLP
  • USA
  • April 20 2016

Company boards and management should take note of the U.S. Department of Justice’s increasing focus on the prosecution of individual executives and


Investment management legal regulatory update - April 2016
  • Morrison & Foerster LLP
  • USA
  • April 20 2016

The Department of Labor (DOL) issued its long-anticipated final regulation (the “Regulation”) defining who is a fiduciary as a result of giving


What FinCEN AML Proposal Means For Crowdfunding Platforms
  • Arnold & Porter LLP
  • USA
  • April 14 2016

Equity crowdfunding platforms, or “funding portals” as defined in the Jumpstart Our Business Startups Act (JOBS Act), may soon find themselves subject


Drafting Matters: Non-Reliance Provisions Barring Extra-Contractual Fraud Claims Effective in Delaware Only if Drafted as a Clear Statement by the Aggrieved Party
  • Dechert LLP
  • USA
  • March 4 2016

FdG Logistics LLC v. A&R Logistics Holdings, Inc. (Del. Ch. 2016) reaffirms that in Delaware a contracting party will only be prevented from


Dentons' pick of global regulatory trends to watch in 2016
  • Dentons
  • Canada, China, European Union, USA
  • February 9 2016

The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This enforcement activity will remain


Significant 2015 Decisions Affecting Private M&A: Part 2
  • Kaye Scholer LLP
  • USA
  • January 14 2016

The following compilation is Kaye Scholer’s second annual review of significant Delaware court decisions relating to private merger and acquisition