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DExodus: Andreesen Horowitz Announces It is Leaving Delaware, Recommends Others Also Consider Leaving

Our ongoing Corporate Governance Insight series about the DExodus (or DExit) (previous installments include an overview from our Corporate Governance Insight on March 20, 2025 and an update on June 11, 2025) now includes an...more

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery...

The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and...more

DExodus: New Considerations from Stanford Study on Shareholder Suit Expenses

As previously discussed in our Corporate Governance Insight on March 20, 2025, certain companies and investors continue to reassess whether to incorporate or form in the state of Delaware or move to another state. A recent...more

Reincorporating a Delaware Entity Elsewhere: Could This Be the Next Great DExodus?

Amidst a flurry of recent reincorporations—conveniently coined “DExits”—of major corporations such as Dropbox, Tesla, and potentially Meta, Delaware’s future as a corporate safe-haven faces uncertainty. Delaware has long been...more

No Soup for You - SEC Commissioners Revoke Authority of Director of Enforcement to Launch Investigations

In a famous Seinfeld episode, a master soup maker had strict rules for ordering his delicious confections.  A violation of his rules, resulted in “No soup for you!”...more

New Rule on SEC Delegation of Authority to Director

On March 10, 2025, the U.S. Securities and Exchange Commission (SEC) announced its final rule rescinding the delegation of authority that had allowed the SEC’s Director of the Division of Enforcement’s (“Director”) to “issue...more

The SEC’s New Clawback Rules: Things to Know as the Deadline to Adopt Compliant Policies Approaches

Companies listed on the New York Stock Exchange (NYSE) and Nasdaq have until Dec. 1, 2023, to adopt clawback policies that comply with the listing standards mandated by the Securities and Exchange Commission (SEC) in Rule...more

The United States Second Circuit Court of Appeals' Decision in Kirschner v. JP Morgan

In the ruling decided by the United States Second Circuit Court of Appeals on Aug. 24 in Kirschner v. JP Morgan, the court upheld the District Court’s decision stating that the origination and distribution of $1.8B in...more

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