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Executives of the Stanford Group alleged to have engaged in a massive Ponzi scheme won a preliminary—and perhaps temporary—victory in litigation against D&O insurers when the United States Court of Appeals for the Fifth Circuit affirmed a lower court decision and ruled that insurers must continue to advance defense costs until a judicial determination is made that the policy exclusion for money laundering applies.

For example, there has been a substantial increase in cryptocurrency regulatory guidance, enforcement actions and private litigation.

In 1991 Congress passed the Telephone Consumer Protection Act ("TCPA") to protect customers from unsolicited telemarketing. It has since become an attractive avenue for consumer class action litigation.

A Michigan Court of Appeals just adopted the so-called "apex" deposition rule in Alberto v. Toyota Motor Corp. See ___ N.W.2d ___, 2010 WL 3057755 (Mich. Ct. App. Aug. 5, 2010).

The recent decision of Barnes v. Telestone Technologies Corp., 8513-VCG (Del. Ch. July 10, 2013) highlights the importance of strictly complying with the statutory requirements in a books and records action under Section 220 of the Delaware General Corporation Law.

Major cybersecurity attacks of increased sophistication — and calculated to maximize the reputational and financial damage caused to the corporate targets — are now commonplace.

The New York Court of Appeals recently issued its decision in the case of Del Terzo v. 33 Fifth Avenue, which had been moving through the New York courts for four and half years.

Some interesting links we found across the web this week:

In our November 15, 2016, blog post, " Cybersecurity liability: Delaware has good news for directors," we discussed an influential case...

governance, management, survey, risk, response, report, cyber, breach, board of directors, Advanced Cyber Security Center, ACSC, corporate

The German competition authority (Bundeskartellamt) has found that seven insurance companies participated in a price-fixing cartel and imposed fines totaling more than €20 million against the companies and their directors.

M&A partners Paul Chen, William Kucera, Andrew Noreuil and Jodi Simala and associate Cade Cross, along with Employee Benefits & Executive Compensation partner Debra Hoffman...

Earlier this month, in In re Investors Bancorp, Inc. Stockholders Litigation, the Delaware Court of Chancery reiterated its view that placing a meaningful limit on director equity awards...

Shareholders and directors are legally authorized to conduct meetings and other business electronically (including online by text, or "chat"), and proxies and shareholder agreements last as long as the parties agree.

Can you compete with your own company by starting a competing business? Some entrepreneurial mavens argue that competing with yourself is essential to innovation.

Since mid-2024, the reincorporation of certain high-profile companies, both public and private, has received a great deal of media attention.

In its second report assessing how, and to what extent, S&P 100 companies have implemented climate-related policies into their own business initiatives, Ceres, through its Accelerator for Sustainable Capital Markets, found that the business community has largely "significantly improved.

The Delaware Supreme Court recently provided guidance on when a personal relationship would be significant enough to find that a director lacked independence in the context of demand futility.