We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 11,215

Class Action Dismissed as Demand was Not Excused as Futile; Plaintiff Failed to Allege Facts Sufficient to Establish that a Majority of the Board Faced Substantial Likelihood of Liability for Non-Exculpated Claims
  • K&L Gates
  • USA
  • November 22 2017

In Lenois, et al. v. Lawal, et al., and Erin Energy Corporation, C.A. No. 11963-VCMR (Del. Ch. November 7, 2017), plaintiff Robert Lenois


Continuing Trends in M&A Disclosure Litigation
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • November 21 2017

Over the past two years, the deal litigation landscape has changed dramatically. In early 2016, the Delaware Court of Chancery announced a new rule


Activists at the Gate: Court of Chancery Weighs In on Claims Involving Activist Stockholders
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • November 21 2017

Several recent decisions applying Delaware law offer helpful insight about the impact that activist investor involvement has on board decision-making


M&A Update: SEC Issues Guidance on Issuers’ Ability to Exclude Shareholder Proposals under Rule 14a-8
  • Cadwalader Wickersham & Taft LLP
  • USA
  • November 20 2017

On November 1, 2017, the staff of the Division of Corporate Finance of the Securities and Exchange Commission published Staff Legal Bulletin No. 14I


Diverting business opportunities - when will a fiduciary relationship be qualified? DTM Constructions Pty Ltd trading as QA Developments v Poole 2017 QSC 210
  • Gilbert + Tobin
  • Australia
  • November 16 2017

This case provides some useful analysis of when a fiduciary relationship between a company and its directors who also have interests in competing


Delaware Court of Chancery Enforces Safe Harbor in Alternative Entity Context
  • Weil Gotshal & Manges LLP
  • USA
  • November 15 2017

On November 14, 2017, the Delaware Court of Chancery issued an important order concerning master limited partnerships ("MLPs") and other alternative


What is “Knowing Participation” by South Carolina Professionals?
  • Nexsen Pruet
  • USA
  • November 14 2017

The South Carolina Supreme Court recently clarified liability for aiding and abetting a breach of fiduciary duty. In Bennett v. Carter, 2017 WL


Federal District Court Enjoins DOL From Implementing or Enforcing BICE’s Prohibition on Class Action Waivers Against Thrivent
  • Briggs and Morgan
  • USA
  • November 14 2017

On November 3, 2017, the United States District Court, District of Minnesota issued a preliminary injunction against the DOL, enjoining the DOL from


It is Increasingly Unlikely We Will Ever See Full Implementation of the DOL Fiduciary Duty Rule or the BICE
  • Briggs and Morgan
  • USA
  • November 13 2017

The DOL Rule’s application of a fiduciary standard to persons who make recommendations to retirement investors has been in effect since June 9, 2017


SEC Issues New Guidance on Shareholder Proposals
  • Foley & Lardner LLP
  • USA
  • November 9 2017

On November 1, 2017, the Division of Corporation Finance of the U.S. Securities and Exchange Commission (SEC) released Staff Legal Bulletin No. 14I