Compliance

Claims Alleging Breach of Oversight By Directors Clarified

A claim for breach of duty of oversight by directors and officers is known as a “Caremark claim,” after the Delaware Court of Chancery decision […]

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Managing Risks of Veil Piercing Liability

Legal personhood of corporate entities is a fundamental tenet of doing business. Legal personhood is also critical to allowing businesses and investors to manage risks. […]

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Questioning an Independent Director’s Independence

Historically, when courts reviewed the independence of a company’s outside directors they have focused upon the business relationships and economic links between the director and […]

Execs Cop To Greenwashing

According to a recent survey, almost “three-quarters of executives said most organizations in their industry would be caught greenwashing if they were investigated thoroughly,” and […]

Execs Cop To Greenwashing

According to a recent survey, almost “three-quarters of executives said most organizations in their industry would be caught greenwashing if they were investigated thoroughly,” and […]

Supreme Court Rules For Parties Subject To FTC and SEC Enforcement

The Supreme Court resolved a split between the Fifth and Ninth Circuits by unanimously holding that parties to enforcement actions before in-house tribunals at the […]

New Priorities At EEOC

The U.S. Equal Employment Opportunity Commission’s budget has been increased, its leadership has changed and its enforcement priorities will change as well. A Draft Strategic […]

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BIPA Hits a Speed Bump

A series of Illinois Supreme Court rulings taking an expansive view of the Illinois Biometric Information Privacy Act came to an abrupt halt in February. […]

Intrigues on the CAFC

The ethical implications of Clarence Thomas’s association with a Conservative gazzilionaire isn’t the only soap opera currently playing out on the DC courts. According to […]

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NFT Art Not Immune From IP Law

A recent court decision suggests that the world of non-fungible tokens (NFTs) will be subject to trademark law, albeit “balanced against first amendment principals on […]