Corporate Governance

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Risk Oversight On The Director’s Plate

The Caremark decision in the Delaware Court of Chancery Court (1996) set a high bar for assigning personal liability to directors with regard to […]

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SEC Hardball In Recent Video Game Enforcement Action

A Securities and Exchange Commission enforcement action against behemoth gaming company Activision is based on an expansive reading of at least one, and possibly […]

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Private Equity Firms Advised To Revisit Their Insurance Profile

Under renewed scrutiny from the SEC, the risk profile of private equity firms has expanded dramatically and as a result their insurance programs likely […]

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ESG Unpacked: It’s A Political Firecracker.

The acronym ESG (“environmental, social, and governance”) has become a shorthand term for social responsibility and a “nebulous concept with no clear limits,” say […]

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D&O Claims Re Cyber & Crypto Are Up; For SPACs, Down

Tapping coverage dispute attorneys and experts from the insurance industry, a post from Business Insurance says that cyber and crypto issues have overtaken SPACs […]

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SEC Said To Be Hedging On Proposed Climate-Disclosure Rule

Concerned about a potential barrage of lawsuits, SEC Commissioner Gary Gensler is considering backing off on pending climate-action disclosure requirements. That’s per a Politico […]

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Party Hangover: Potential Executive Liability In McDonald’s Case

A judge in Delaware’s Court of Chancery has refused to dismiss a shareholder derivative lawsuit alleging that a former HR executive breached his fiduciary […]

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Twenty-Five State AGs Sue To Block ESG “Green” Rule

A lawsuit filed in U.S. District Court in Amarillo, Texas, by 25 red state attorneys general is attempting to block a federal rule that […]

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Sharper Government Enforcement Likely During A Downturn

A post from law firm Skadden looks at how government regulators responded to previous periods of economic stress (e.g., the Enron era, and the […]

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The Diciest Of Corporate Governance Issues

They’ve gotten more expensive and the range of issues spawning them has grown wider, according to a post from law firm Farella Braun+Martel. Alleged […]