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Macfarlanes LLP | Global, United Kingdom | 26 Oct 2021

What are the 2021 ISDA Interest Rate Derivatives Definitions?

The 2021 ISDA Interest Rate Derivatives Definitions (the 2021 Definitions) were published in June 2021 with the intention that they be implemented as…
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K&L Gates LLP | USA | 15 Oct 2021

Facebook escapes shareholder derivative suit as court questions validity of aronson and finds plaintiff failed to support claims of demand futility

In United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, et al., C.A. No…
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K&L Gates LLP | USA | 11 Oct 2021

Delaware Supreme Court Adopts a New "Universal" Test for Establishing Demand Futility Granting Directors Greater Protection Against Derivative Suits

The Supreme Court of Delaware recently adopted a new three-part “universal” test to determine whether pre-suit demand upon a company’s board should…
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Proskauer Rose LLP | USA | 4 Aug 2021

L Brands Settles Derivative Suits

On July 30, 2021, L Brands, the parent company behind Victoria's Secret and Bath & Body Works, settled a rash of derivatives actions which had…
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A&L Goodbody | United Kingdom | 21 Jan 2021

COVID-19: Derivative actions against directors

The economic damage resulting from the coronavirus-induced national lockdown has led to 'life or death' decision-making by directors. Nonetheless…
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Troutman Pepper | USA | 21 Apr 2020

Securities Litigation and Disclosure Issues

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the…
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Hunton Andrews Kurth LLP | USA | 27 Aug 2019

Seventh Circuit Withdraws Decision, Affirms Coverage for Emmis Shareholder Lawsuit Despite Notices to Multiple Insurers

The Seventh Circuit recently withdrew its controversial opinion that broadly interpreted an exclusion in Emmis Communications Corporation’s D&O policy…
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Hunton Andrews Kurth LLP | USA | 22 Aug 2019

Board Oversight: Why Directors Must Care About Caremark

In a recent case, the Delaware Supreme Court reversed the dismissal of a shareholder derivative suit that seeks to hold directors personally liable…
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Kramer Levin Naftalis & Frankel LLP | USA | 23 Jul 2019

Delaware Supreme Court Allows Caremark Breach of Loyalty Claim To Go Forward

On June 18, in Marchand v. Barnhill, the Delaware Supreme Court reversed a ruling by the Delaware Court of Chancery in a shareholder derivative suit…
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Carrington Coleman | USA | 10 Apr 2019

Texas Supreme Court Ditches Long-Standing Precedent to Hold Conspiracy Is a Derivative Claim Governed by the Statute of Limitations for the Underlying Tort

In Agar v. Electro Circuits Int’l, No. 17-0630, 2019 WL 1495211 (Tex., April 5, 2019), the Supreme Court of Texas conclusively established how…
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