Kramer Levin Naftalis & Frankel LLP | USA | 8 Jun 2023
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…
Sidley Austin LLP | USA | 8 Jun 2023
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…
Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023
The mere potential for a prominent, highly respected officer, director and minority holder to influence a Board’s decision to approve a deal where…
Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023
On January 25, 2023, Vice Chancellor Laster of the Court of Chancery issued a significant decision, finding as a matter of first impression that…
Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023
In March 2023, the Delaware Court of Chancery issued a rare decision holding an officer personally liable for damages for breach of fiduciary duty…
Skadden Arps Slate Meagher & Flom LLP | USA | 7 Jun 2023
Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such…
Troutman Pepper | USA | 6 Jun 2023
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…
Sidley Austin LLP | USA | 6 Jun 2023
The Delaware Court of Chancery recently reminded litigants of the “fundamental right . . . To an open court system.” Minnie Sarwal v. Nephrosant, Inc…
Paul, Weiss, Rifkind, Wharton & Garrison LLP | USA | 5 Jun 2023
Last year, we reported that the Ninth Circuit enforced a corporation’s exclusive forum provision that required “any derivative actions” to be brought…
Skadden Arps Slate Meagher & Flom LLP | USA | 2 Jun 2023
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…