Corporate Governance, Discovery, Litigation Strategies

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

BCLP on 7/25/2025

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

Shareholder Access to Privileged Documents: Views From England and the United States

Goodwin on 7/14/2025

In England and the United States, legal professional privilege or attorney-client privilege is considered fundamental to the administration of justice, allowing clients to make confidential, full, and frank disclosure to...more

Delaware Law Alert: Books and Records Inspection Under the Amended §220

Mayer Brown on 5/22/2025

Delaware has overhauled its framework for stockholder books and records inspection rights. Amendments to Delaware General Corporation Law (DGCL) §220, enacted on March 25, 2025,1 seek to address the concern that inspection...more

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

McCarter & English, LLP on 3/13/2025

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more

A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet

Fox Rothschild LLP on 2/14/2025

Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more

When Trying to Discover Tax Returns in Business Divorce Litigation, Bring Your A Game

Farrell Fritz, P.C. on 1/20/2025

In many, perhaps most New York business divorce lawsuits, tax documents play a key role. Equity holder status is essential for standing to sue – including to dissolve, to sue derivatively on behalf of the entity, to sue...more

Delaware Chancery Court Holds That Stockholders Had a “Proper Purpose” to Seek Board Materials From Opioid Distributor, and Orders...

Herbert Smith Freehills Kramer on 1/28/2020

In a 63-page decision issued on Jan. 13, 2020, in Lebanon County Employees’ Retirement Fund v. AmerisourceBergen Corporation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery found that stockholders of...more

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