It’s no secret that employee non-compete — and, to a related extent, non-solicitation — restrictions are increasing disfavored and targeted across the U.S., both on a federal and state level. We’ve recently written about the...more
Delaware law has long recognized a director’s duty of oversight. The well-established doctrine, first articulated in 1996 in In Re: Caremark International Inc. Derivative Litigation, was recently expanded to officers in In re...more
Boards of directors often seek to return cash to stockholders in the form of dividends or stock buybacks. Both methods are common for public companies, and in a private equity-backed company, owners frequently recapitalize...more
The Delaware Court of Chancery recently ruled that it could adjudicate claims subject to a New York forum selection clause, where the New York courts’ coronavirus-inspired operating procedures precluded litigating the case in...more
Responding to the needs of publicly traded corporations navigating the COVID-19 epidemic, Delaware Gov. John C. Carney issued a modified State of Emergency Order (the Order) authorizing public companies to conduct stockholder...more
On October 1, 2019, the Court of Chancery rendered an opinion in In re Clovis Oncology, Inc. Derivative Litigation, denying a motion to dismiss a Caremark claim for breach of fiduciary duty and reinforcing a director’s duty...more
10/15/2019
/ Board of Directors ,
Breach of Duty ,
CFOs ,
Clinical Trials ,
Compliance ,
Corporate Governance ,
Directors ,
Duty of Loyalty ,
Fiduciary Duty ,
Food and Drug Administration (FDA) ,
Motion to Dismiss ,
Oversight Duties ,
Prescription Drugs