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Bass, Berry & Sims PLC | USA | 27 Jul 2020
A Practical Guide to Evaluating a Company’s Defensive Profile
As public companies continue to navigate the ongoing economic upheaval caused by the COVID-19 pandemic, opportunistic activist investors may find the…
Morrison & Foerster LLP | USA | 10 Jul 2020
Delaware legislature passes amendment on public benefit corporations
In August 2013, the Delaware legislature added a new subchapter to the Delaware General Corporation Law (DGCL), allowing corporations to be formed as…
Skadden Arps Slate Meagher & Flom LLP | USA | 2 Jun 2020
An Alternative Paradigm to ‘On the Purpose of the Corporation’
Recently a definition of corporate purpose has been proposed and elaborated on in a memorandum captioned “On the Purpose of the Corporation” (the…
Hogan Lovells | USA | 17 Apr 2020
2020 Q1 Decisions Update
This appeal arose from a putative class action brought by Matthew Sciabacucchi seeking a declaratory judgment that federal-forum provisions (FFPs)…
Hogan Lovells | USA | 14 Apr 2020
2020 Q1 Decisions Update
AmerisourceBergen Corp. (AmerisourceBergen), one of the three largest pharmaceutical wholesale distributors in America, is a defendant in…
Hogan Lovells | USA | 8 Apr 2020
2020 Securities, shareholder, and M&A litigation outlook
One of the most notable 2019 developments in Delaware law was the potential revitalization of what are commonly known as “Caremark claims” - assertions by stockholders that a company’s board of directors failed
Hogan Lovells | USA | 18 Mar 2020
Corporate / M&A Decision
In Salzberg v. Sciabacucchi, the Delaware Supreme Court held that provisions mandating that cases under the Securities Act of 1933 be brought in a…
Kramer Levin Naftalis & Frankel LLP | USA | 28 Jan 2020
Delaware Chancery Court Holds That Stockholders Had a “Proper Purpose” to Seek Board Materials From Opioid Distributor, and Orders a 30(b)(6) Deposition, in Section 220 Books and Records Action
In a 63-page decision issued on Jan. 13, 2020, in Lebanon County Employees’ Retirement Fund v. AmerisourceBergen Corporation, Vice Chancellor…
Skadden Arps Slate Meagher & Flom LLP | USA | 21 Jan 2020
Recent Trends in Books and Records Litigation
Recently, the frequency of stockholder demands to inspect corporate books and records pursuant to Section 220 of the Delaware General Corporation Law…
K&L Gates LLP | USA | 20 Aug 2019
Shareholder “Appraisal” Action Can Trigger D&O Insurance Coverage, According to Delaware Court
In a significant ruling of first impression, Solera Holdings, Inc. v. XL Specialty Ins. Co. (“Solera”), the Delaware Superior Court recently held that…
