Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more
2/28/2025
/ Artificial Intelligence ,
Class Action ,
Commercial Litigation ,
Competition ,
Data Privacy ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Innovation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Non-Compete Agreements ,
Regulatory Reform ,
Risk Management ,
Securities Regulation ,
Technology Sector
On June 5, 2019, the Securities and Exchange Commission (“SEC”) voted to adopt “Regulation Best Interest,” which is intended to increase the duties a broker-dealer owes to its clients. While SEC-registered investment advisors...more
6/7/2019
/ Best Interest Standard ,
Broker-Dealer ,
Conflicts of Interest ,
Employee Benefits ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Individual Retirement Account (IRA) ,
New Rules ,
Registered Investment Advisors ,
Regulatory Standards ,
Retirement Plan ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Suitability Rule
Seyfarth Synopsis: On February 2, 2017, the Appellate Division for the First Department in New York entered an order approving a “disclosure-only” settlement. While acknowledging the “increasingly negative view” of...more
3/2/2017
/ Appeals ,
Board of Directors ,
Breach of Duty ,
Class Action ,
Corporate Governance ,
Derivative Suit ,
Disclosure-Based Settlements ,
Fiduciary Duty ,
Mergers ,
Reversal ,
Shareholder Rights ,
Venue ,
Verizon
Seyfarth Synopsis: The Delaware Supreme Court recently reversed the dismissal of a derivative complaint for failure to plead demand excusal because it found that certain directors of Zynga Inc. were not independent due to...more
12/29/2016
/ Board of Directors ,
Breach of Duty ,
Corporate Counsel ,
DE Supreme Court ,
Demand Futility ,
Derivative Suit ,
Dismissals ,
Fiduciary Duty ,
Independent Directors ,
Nasdaq ,
Pleading Standards ,
Reversal ,
Shareholder Litigation
Seyfarth Synopsis: On November 30, 2016, The Delaware Court of Chancery dismissed two derivative suits filed on behalf of the Bank of New York Mellon (“BNYM”). The companion memorandum and letter opinions reaffirm the heavy...more
12/8/2016
/ Bad Faith ,
Bank of New York (BNY) Mellon ,
Board of Directors ,
Breach of Duty ,
Burden of Proof ,
Corporate Counsel ,
Corporate Executives ,
Demand Futility ,
Derivative Suit ,
Dismissals ,
Fiduciary Duty ,
Foreign Exchanges ,
Pleading Standards ,
Shareholder Litigation ,
Special Committees