The Delaware Court of Chancery recently made clear that, like directors, officers owe a fiduciary duty of oversight. This article examines whether and when officers might face liability for overseein…
All signs suggest that more crypto bankruptcies are coming, so investors should understand the potential impact of digital assets held or invested in an exchange.
In 2022, OFAC announced numerous settlements with cryptocurrency exchanges. These settlements serve as “fair warnings” of sanctions compliance requirements, including lifetime-of-the-relationship, in…
This article discusses the federal prudential bank regulators’ recent actions with respect to crypto, the clearer lines they are drawing with respect to crypto risks, and also, the paths to crypto- a…
This article considers whether a user’s relationship with companies offering digital asset related services can be characterized as a “trust relationship,” with implications for whether users can rec…
Acquisitions of public companies in pharma and other life sciences industries are increasingly using deal structures designed to bridge valuation gaps such as spin-off mergers and contingent value ri…
Through extensive work in civil rights, politics, and law, Patricia Roberts Harris ensured that she provided a rich legacy for other Black women.
The career of Mike Flowers, the first African American attorney to lead the ABA Business Law Section, is marked by his incredible leadership to the legal profession as well as to the community at lar…
Parties to secured transactions under Article 9 of the Uniform Commercial Code should understand from the outset their respective rights and remedies in order to protect their interests in the event…
Ken Adams’s A Manual of Style for Contract Drafting is an essential reference for those who work with contracts, providing keen and clear guidance on contract language.
A recent decision of the Ontario Superior Court of Justice in Sandpiper Real Estate Fund 4 Limited Partnership represents a rare victory for activists in overturning a target board’s proposed timing…
If a purchase agreement has a fee-shifting provision and the prevailing party hires counsel on a contingency fee basis, does the losing party have to pay the contingency fee?
The Delaware Court of Chancery’s recent decision in In re Lordstown Motors Corp. suggests Delaware companies can “ratify” corporate transactions that they merely believe may be bungled.
Business Litigation & Dispute Resolution update, Mar. 2023: Supreme Court Deals Delaware’s Unclaimed Property Regime A Loss, 9th Circuit Strikes Down Law Imposing Criminal Liability Against Employers…
Business Regulation & Regulated Industries Month-in-Brief update, Mar. 2023: Failure of Silicon Valley Bank, Signature Bank Quickly Addressed by FDIC; FTC Seeks to Block Microsoft’s Acquisition of Ac…
Corporations, LLCs & Partnerships Update, Mar. 2023: Delaware Court of Chancery Decision Highlights Importance of Avoiding Conflicts and Full Disclosure in Take-Private Deals, & more.
Internet Law & Cybersecurity updates, Mar. 2023: Employer’s Defense Against BIPA Class Action Lawsuits – Collective Bargaining Agreements.
Legal Opinions & Ethics Month-in-Brief update, Mar. 2023: New ABA Ethics Opinion on Conflict of Laws and Model Rule 8.5, Indian Bar Council Permits Foreign Lawyers to Engage in Limited Law Practice,…
Mergers & Acquisitions Law Month-in-Brief update, Mar. 2023: Goodbye M&A Brokers No Action Letter, Hello Federal Exemption; SPAC Termination Suits Keep Coming.
Securities Law Month-in-Brief update, Mar. 2023: PCAOB Staff Warns Against Third-Party Crypto Asset Reserve Reports, SEC Proposes Regulation S-P Amendments, & more.