Refine your search

Content type
Tags
Firm name
Author
Jurisdiction
Language

2,755 results found

Article
Ask Lexy

Kramer Levin Naftalis & Frankel LLP | USA | 8 Jun 2023

En Banc Panel of the Ninth Circuit Affirms Dismissal of Derivative Suit Based on Forum-Selection Clause

In a recent 6-5 ruling, an en banc panel of the Ninth Circuit affirmed the dismissal of a derivative suit asserting Exchange Act violations against…
Article
Ask Lexy

Sidley Austin LLP | USA | 8 Jun 2023

The Saga Continues: Part II

On June 1, 2023, the majority of an en banc panel of the Ninth Circuit found that Gap Inc.’s forum selection clause does not violate the anti-waiver…
Article
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023

Post-Trial Oracle Ruling Provides a Roadmap for Navigating Transactions With an Influential Fiduciary on Both Sides of the Deal

The mere potential for a prominent, highly respected officer, director and minority holder to influence a Board’s decision to approve a deal where…
Article
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023

The Court of Chancery Holds That Corporate Officers, Like Directors, Owe a Duty of Oversight

On January 25, 2023, Vice Chancellor Laster of the Court of Chancery issued a significant decision, finding as a matter of first impression that…
Article
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023

Court Finds Mindbody CEO Liable Under Revlon and That Buyer Aided and Abetted Disclosure Violations

In March 2023, the Delaware Court of Chancery issued a rare decision holding an officer personally liable for damages for breach of fiduciary duty…
Article
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such…
Article
Ask Lexy

Troutman Pepper | USA | 6 Jun 2023

Delaware Court of Chancery Confirms Enforceability of NVCA Covenant Not to Sue for Breach of Fiduciary Duty

In New Enterprise Associates 14, L.P. V. Rich, the Delaware Court of Chancery held that a covenant not to sue for breach of fiduciary duty, which was…
Article
Ask Lexy

Sidley Austin LLP | USA | 6 Jun 2023

The Presumption of Public Access: From Internal Investigations to Arbitration Agreements, Delaware Courts Disfavor Confidentiality

The Delaware Court of Chancery recently reminded litigants of the “fundamental right . . . To an open court system.” Minnie Sarwal v. Nephrosant, Inc…
Article
Ask Lexy

Paul, Weiss, Rifkind, Wharton & Garrison LLP | USA | 5 Jun 2023

Ninth Circuit En Banc Panel Enforces Exclusive Forum Provision That Prevents Shareholders From Pursuing Derivative Claims Under Federal Securities Laws

Last year, we reported that the Ninth Circuit enforced a corporation’s exclusive forum provision that required “any derivative actions” to be brought…
Article
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | USA | 2 Jun 2023

En Banc Panel of Ninth Circuit Enforces Forum Selection Clause To Dismiss Derivative Securities Claims, Confirming Circuit Split

On June 1, 2023, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a much-anticipated decision in Lee v. Fisher, No…
Previous page 1 2 3 ...