On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., agreeing to resolve a circuit split over whether private parties have an implied right of action to...more
7/15/2025
/ Board of Directors ,
Certiorari ,
Closed-End Funds ,
Corporate Governance ,
Investment Companies ,
Investment Company Act of 1940 ,
Investment Funds ,
Mutual Funds ,
Private Right of Action ,
Registered Investment Companies (RICs) ,
SCOTUS ,
Securities Litigation ,
Securities Regulation ,
Shareholder Activism ,
Shareholder Litigation ,
Split of Authority
With the whirlwind of recent events threatening Delaware’s standing as the preeminent jurisdiction for incorporation in America, press coverage understandably has centered around certain high-profile billionaires and the...more
On June 1, 2023, the United States Supreme Court issued a unanimous opinion that makes it more difficult for shareholders to bring Section 11 claims against companies that go public via direct listings. The case involved a...more
7/26/2023
/ Bylaws ,
Civil Monetary Penalty ,
Corporate Governance ,
Derivative Suit ,
Direct Listing ,
Forum Selection ,
Gap Inc ,
Insider Trading ,
Market Manipulation ,
Phantom Stock Plans ,
Private Equity Firms ,
SCOTUS ,
Section 11 ,
Section 12 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Slack
On March 22, 2023, the US Securities and Exchange Commission (SEC) filed a complaint in US District Court for the Southern District of New York against Justin Sun, the owner of BitTorrent, Inc., a file-sharing platform; three...more
4/25/2023
/ Asset Tokens ,
Celebrity Endorsements ,
Class Action ,
Conflicts of Interest ,
Corporate Governance ,
Cryptoassets ,
Delaware General Corporation Law ,
Endorsements ,
Enforcement Actions ,
Exculpatory Clauses ,
Fiduciary Duty ,
Life Sciences ,
Popular ,
Revlon Standard ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Violations ,
Share Classes ,
Share Price ,
Shareholder Votes
On March 1, 2023, in In re McDonald’s Corporation Stockholder Derivative Litigation, Vice Chancellor Travis Laster of Delaware’s Court of Chancery granted a motion to dismiss derivative claims against McDonald’s directors...more
3/8/2023
/ Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Caremark claim ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Corporate Culture ,
Corporate Governance ,
Derivative Suit ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fraudulent Inducement ,
Internal Investigations ,
McDonalds ,
Sexual Harassment ,
Shareholder Litigation
On January 25, 2023, in In re McDonald’s Corporation Stockholder Derivative Litigation, Vice Chancellor Travis Laster of Delaware’s Court of Chancery denied a motion to dismiss a derivative lawsuit against David Fairhurst,...more
1/31/2023
/ Board of Directors ,
Breach of Duty ,
Caremark claim ,
Corporate Culture ,
Corporate Governance ,
Derivative Suit ,
Duty of Loyalty ,
Fiduciary Duty ,
McDonalds ,
Sexual Harassment ,
Shareholder Litigation