BLT: January 2012

Business & Corporate

Our Mini-Theme: A Preview of the Forthcoming Annual Review of Developments in Business and Corporate Litigation

William D. Johnston

The mini-theme of this issue of Business Law Today is a preview of the Annual Review of Developments in Business and Corporate Litigation, showcasing portions of four chapters that will be included in this year's publication.

Business & Corporate

Navigating a Mine Field: Governmental Investigations, Cooperation, and D&O Insurance

This article discusses two decisions – Office Depot and MBIA – and how they affect D&O insurance when dealing with corporate compliance with government requests for information.

Business & Corporate

Key 2011 Corporate Law Decisions Include Notable Stockholder Victories in the Delaware Courts

Perhaps the most significant corporate law decisions of 2011 involved fiduciary duty litigation in the mergers and acquisitions context pitting investors against incumbent directors and members of management. The year 2011 saw a string of remarkable Delaware decisions in this regard--from the Court of Chancery's February 2011 decision in Airgas to its December decision in In re Southern Peru Deriv. Litig.--that in many respects were favorable to investor-litigants. Because of their importance, these decisions are discussed in greater detail below.

Business & Corporate

2011 Sees Focus on Whistleblowing and Dodd-Frank Claims

This article examines cases dealing with the whistleblower provisions in the Dodd-Frank Act dealing with securities law.

Business & Corporate

Taming the Kraken: The Supreme Court Weighs in on Class Actions in 2011

A spate high-profile class actions reached the U.S. Supreme Court in 2011. The three most notable decisions are AT&T Mobility LLC v. Conception, Smith v. Bayer Corp., and Wal-Mart v. Dukes. In this trio, the Supreme Court resolved several hotly contested issues. The goal of this article is to provide an overview of these cases and a basic framework for understanding why each case is significant in its own way and how these developments may impact class action litigation in 2012 and beyond.

Business & Corporate

DELAWARE INSIDER: Drafting a Mandatory Put Provision for Preferred Stock after ThoughtWorks

This article explains the changes to “mandatory put” provisions after the Delaware Court of Chancery’s decision in SV Investment Partners, LLC. V. ThoughtWorks.

Business & Corporate

FOCUSING ON PRO BONO: The Detroit Systemic Pro Bono Initiative

Leor Barak

Detroit’s Systemic Pro Bono Initiative launched in 2010. Detroit is facing many “systemic” issues which could not be addressed by any one law firm or lawyer. The DSPBI was launched to tackle these systemic issues.

Business & Corporate

Inside Business Law

This issue’s Inside Business Law discusses Consumer Financial Services Committee Programs and Content; Blue Sky Update; Focus on Commercial Law; and Crisis Management for the In-House Counsel.