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Proposed Amendments to Delaware General Corporation Law Aim to Clarify Corporate Transaction Rules

If enacted, the amendments would significantly impact the risk-benefit considerations for public and private companies contemplating reincorporation or going public in a different jurisdiction. ...more

Delaware Chancery Court Extends Oversight Duties to Non-Director Corporate Officers

Non-director officers may face liability for failing to properly oversee the corporation’s affairs and ignoring “red flags” within their “areas of responsibility.” Key Points: ..The McDonald’s Corporation’s response...more

Securities Litigation Trends During Covid-19

Many predicted a wave of securities litigation would follow the stock market plunge during the early days of the pandemic in March 2020, just as it did in the wake of the 2008 economic downturn. But in the months since the...more

Delaware Supreme Court Confirms Validity of Federal Forum Selection Bylaws for Securities Act Claims

The decision is a positive development for Delaware corporations seeking to reduce duplicative state court litigation arising from public securities offerings. On March 18, 2020, the Delaware Supreme Court issued its...more

Delaware Supreme Court Clarifies Ab Initio Requirement Under MFW

To obtain business judgment deference, controllers must insist on MFW’s minority protections before engaging in any substantive economic or valuation discussions. The Delaware Supreme Court’s 2014 decision in Kahn v. M&F...more

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