The Delaware Court of Chancery held, in its January 25, 2023 opinion In re McDonald’s Corp. Stockholder Derivative Litigation, C.A. No. 2021-0324-JTL, that corporate officers owe a duty of oversight akin to that owed by directors under the court’s decision in In re Caremark International Inc. Continue Reading
Delaware Supreme Court Reverses Court of Chancery Decision Finding General Partner’s Reliance on Opinions of Counsel Was Not in Good Faith
In Boardwalk Pipeline Partners, LP v. Bandera Master Fund LP, C.A. No. 2018-0372 (Del. Dec. 19, 2022) (hereinafter, Boardwalk), the Delaware Supreme Court reversed a nearly $700 million judgment from the Court of Chancery where the Court of Chancery held that a general partner of a limited Continue Reading
The Elections Transparency Act: What You Need to Know About NJ’s New Campaign Finance and Pay-to-Play Law
On April 3, 2023, New Jersey Governor Phil Murphy signed the Elections Transparency Act (ETA) (Bill No. A4372/S2866) into law. Sponsored by Senate President Nicholas P. Scutari, Assemblyman Louis D. Greenwald, and Assemblywoman Carol A. Murphy, the ETA massively overhauls the state’s campaign Continue Reading
Sometimes Post-Proposal Communications Are More Than Sweet Nothings …
What Every Federal Contractor Should Know About the FTC’s Proposed Rule to Void Noncompete Agreements Nationwide—and What to Do About It
Who’s the Boss? Fiduciary Liability and Directed Trusts
“Directed Trusts”—trusts in which someone other than a trustee has a role in the administration—are becoming more and more commonplace. However, many states impose differing fiduciary standards on trustees and those third parties (so-called “trust directors”). This lack of uniformity leads to Continue Reading
Who Is the Author — You or AI? Tensions Rise over Copyright Protection
Does an inventor need to be human? Vadim Cherkasov and Jeffrey Safran discuss a recent decision in the Court of Appeals for the Federal Circuit involving artificial intelligence (AI) and ideas conceived by AI can be patent protected. For Bloomberg Insights, Cherkasov and Saffran talk about how this Continue Reading
New Jersey DEP Issues Order Seeking to Promote NRD-Related Policies for “Collaborative Process” and Stakeholder Involvement
New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette, acting as the state’s natural resource trustee, issued Administrative Order 2023-08 on March 14, 2023, which modernizes guidance on, and enhances public engagement regarding, the development and implementation Continue Reading
Fake Nursing Degree Liability Is a Hot Potato — Will Hospitals Get Stuck with It?
Kay Klele spoke with Becker’s Hospital Review to discuss the potential liability hospitals could face as fallout from Operation Nightingale, which uncovered a scheme to provide fraudulent nursing school transcript an diplomas from three school in Florida. Continue Reading
Silicon Valley Bank: What Happens Next?
US regulators seized Silicon Valley Bank (SVB) on March 10, marking the second largest US bank failure in history and largest since the 2008 global financial crisis. In response, investors began selling off stocks of other banks with investment portfolios and clientele similar to SVB. Two days Continue Reading