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Global antitrust litigation

Asia-Pacific, European Union, United Kingdom, USA - January 14 2016 Amid ongoing uncertainty over the extent to which antitrust damages claims can be brought in US courts in relation to foreign acts, legislative…

Jon Lawrence, Mark Sansom, Onno Brouwer.

Delaware Chancery disfavors “peppercorn,” disclosure-only settlements with a broad, “mustard seed” release

USA - September 22 2015 The Delaware Chancery Court has put M&A litigants on express notice that disclosure-only settlements accompanied by sweeping releases are much less…

Doug Bacon, Linda H. Martin, Matthew Herman, Peter D. Lyons, Valerie Ford Jacob.

SEC attacks confidentiality restrictions and highlights continued focus on whistleblowing

USA - April 30 2015 On April 1, 2015, the SEC announced its first enforcement action targeted at employer confidentiality agreements that it viewed as inhibiting…

Adam Siegel, Howard Klein, Michael Levitt, Paul Tropp, Valerie Ford Jacob.

New rapid business arbitration program in Delaware

USA - April 10 2015 Delaware has introduced landmark arbitration legislation, the Delaware Rapid Arbitration Act (DRAA), which establishes a voluntary, streamlined…

Elliot Friedman, Marshall H. Fishman, Matthew Herman.

Supreme Court applies “reasonable” standard for statements of opinion under Section 11

USA - March 26 2015 Yesterday, the United States Supreme Court unanimously decided that public companies and their officers cannot be held liable under Section 11 of the…

Marshall H. Fishman, Michael Levitt.