Philip Babler

Foley & Lardner LLP

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Latest Posts › Fiduciary Duty

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Significant Recent Decisions Relevant To Private Company M&A

In navigating the complex world of private company mergers and acquisitions (M&A), understanding recent legal decisions is paramount. This white paper serves as a guide, distilling intricate court rulings into digestible...more

4/17/2024 / Acquisitions , Bad Faith , Breach of Contract , Damages , Fiduciary Duty , Investors , Mergers , Motion for Summary Judgment , Motion to Dismiss , Stockholder Agreements , Twitter , Venture Funding

Palkon v. Maffei: Delaware’s Warning Shot to Controlling Stockholders Seeking to Evade Fiduciary Duties by Reincorporating

In late February, the Chancery Court denied a motion to dismiss a stockholder lawsuit against the controlling stockholder and board of directors of TripAdvisor, Inc., seeking to enjoin a reincorporation of TripAdvisor into...more

3/13/2024 / Board of Directors , Breach of Duty , Controlling Stockholders , Dual Class Share Structures , Fiduciary Duty , Holding Companies , Injunctive Relief , Liability , Motion to Dismiss , Self-Interest

Can Directors/Officers be Liable for Depositing Corporate Funds in and Borrowing from a Bank Taken Over by the FDIC?

Last week, state regulators forced Silicon Valley Bank (SVB) into receivership, and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. SVB’s failure marks the largest receivership since Washington...more

3/15/2023 / Banking Sector , Disclosure Requirements , FDIC , Fiduciary Duty , Financial Institutions , Liquidity , Risk Assessment , Shareholders

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