Disclosure Requirements, Fiduciary Duty, Corporate Counsel

Attorneys Must Clarify Their Role to Clients

Goodell, DeVries, Leech & Dann, LLP on 4/21/2025

Earlier this year, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 514 addressing a lawyer’s obligations for advising an organizational client when the advice might also be relied...more

ABA Issues Formal Opinion for Lawyers Advising Organizational Clients Where Constituents Might Have Conflicts of Interests or Be...

Fishman Haygood LLP on 3/19/2025

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 514 regarding a lawyer’s obligations when advising organizational clients. Under such...more

Takeaways from a Recent COBRA Notice Class Action Settlement

McDermott Will & Schulte on 9/7/2023

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one...more

Crosscurrents: J.S. Held’s Environmental, Social & Governance Observations (Fiduciary Duties Become Political)

J.S. Held on 10/24/2022

The Attorneys General for both Indiana and Louisiana have issued opinions that environmental, social, and governance (ESG) criteria violate the fiduciary duty owed to corporate investors absent full disclosure of the use of...more

Shareholder Files Derivative Suit Targeting Company Executives for Greenwashing

Robinson+Cole Manufacturing Law Blog on 10/15/2021

Last week, a shareholder of Danimer Scientific, Inc., filed a derivative suit against the company’s executives and board members, alleging that overstated sustainability claims led to millions of dollars in market...more

Chancery Finds General Counsel Potentially Liable for Misleading Tender Offer Documents

Stinson - Corporate & Securities Law Blog on 1/6/2020

Morrison v. Berry considers Plaintiff’s claims for damages following the purchase of a grocery-store chain, The Fresh Market, Inc. (“Fresh Market” or the “Company”) by Apollo investment entities. The Plaintiff was a former...more

Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case

McDermott Will & Schulte on 3/26/2019

The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees....more

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