The Business Roundtable has set out a path toward so-called stakeholder capitalism in its highly publicized Statement on the Purpose of a Corporation. There has been a great deal of media...
On June 13, 2018, the Ninth Circuit determined that where a shareholder of a Delaware corporation challenges a routine board decision in a derivative action, the shareholder must make a p...
On April 20, 2018, a panel of Ninth Circuit judges held that Section 14(e) of the Securities Exchange Act of 1934 does not require a showing that a defendant acted with scienter, and that...
In two important recent decisions, DFC Global Corp. v. Muirfield Value Partners, L.P. and Dell Inc. v. Magnetar Global Event Driven Master Fund Ltd., the Delaware Supreme Court provided c...
The Delaware Supreme Court, in an opinion by Chief Justice Strine, recently reversed and remanded the Chancery Court’s ruling in DFC Global Corporation v. Muirfield Value Partners, L.P....
In recent months, there have been a number of important developments relating to stockholder appraisal rights in Delaware. Appraisal rights are generally available to dissenting stockhol...
The Ninth Circuit recently issued an opinion in Dennis v. Hart, in which it held that the district court lacked subject matter jurisdiction over various say-on-pay lawsuits originally fil...