Delaware recently amended the Delaware General Corporation Law to authorize Delaware corporations to replace their paper and electronic stock ledgers with a blockchain. Blockchain, also known as a distributed ledger, can promote efficient recordkeeping, but there are several legal and practical Continue Reading
Opioid Crisis Shines Light on Need for D&O Coverage
Countless executives maintain a false sense of security when it comes to their potential legal exposure. Directors and officers liability insurance policies—commonly known as "D&O policies"—are designed to protect management-level employees against allegations of wrongful conduct. The polices do Continue Reading
The March Toward Utility-Scale Energy Storage Keeps Going and Going and Going: States Are Forming Ranks
Federal energy regulators recently embraced utility-grade, battery-facilitated energy storage, and now states must fall in line to unlock the full value of storage technology. Stakeholders across a wide cross section of industries – investor-owned utilities and cooperatives, solar and wind Continue Reading
Advancement Rights in Delaware Limited Partnerships
In Weil v. VEREIT Operating Partnership, L.P., C.A. No. 2017-0613-JTL (Del. Ch. Feb. 13, 2018), the Delaware Court of Chancery dealt with the issue of advancement of fees and expenses to certain directors and officers (the “Plaintiffs”) of a Delaware limited partnership (the “Partnership”). Continue Reading
New York Federal Court Rolls Over Insurer’s Attempt to Defeat “Blast Text” TCPA Coverage Claim
In a resounding win for policyholders, a New York district court found coverage for a nearly $50 million class-action claim alleging that US Coachways, Inc., violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited “blast text” advertisements to potential customers. Illinois Continue Reading
As Opioid Suits Loom, Now’s the Time to Act on D&O Insurance
Litigation related to the opioid crisis is on the rise, and now corporate shareholders are entering the fray. In recent months, shareholders have brought a number of lawsuits against directors and officers of opioid manufacturers and distributors, as well as the companies themselves. These Continue Reading
APGA Leads Charge to Lower Pipeline Rates to Match Lower Tax Rates
The signature change in the Tax Cuts and Jobs Act of 2017 is a reduction in the top corporate tax rate to 21 percent from 35 percent. APGA began the year with a letter to new Federal Energy Regulatory Commission (FERC) Chairman Kevin McIntyre asking FERC to take action to reduce interstate pipeline Continue Reading
Cyber Threat Intelligence: Make Sure It Means What You Think It Means
Alex Major is a contributing author to the Nuix 2018 Black Report: Decoding the Minds of Hackers, a unique report that engages professional hackers, penetration testers, and incident responders to understand the security threat landscape companies face. Alex, a former intelligence officer, focuses Continue Reading
Tax Consequences of Cryptocurrency Transactions and Correcting Historical Noncompliance
Compliance with the internal revenue laws relating to cryptocurrency is sorely deficient. As of Dec. 31, 2015, the market capitalization of cryptocurrencies was roughly $7 billion spread among 5.8 million active digital wallets, 34 percent of which (or 1.97 million wallets) were attributable to Continue Reading
Sexual Harassment Claims—Changing the Response Calculus
Harvey Weinstein. Al Franken. Matt Lauer. John Conyers. Roy Moore. Trent Franks. Mario Batali. And a cast of what seems like thousands—the list of those accused of workplace sexual harassment and sexual assault, as well as the victims of those accused, grows longer every day. Time Magazine just Continue Reading