Corporate Litigation and Litigation Risk

In this section, we provide articles and other resources addressing judicial decisions of significance to public companies on issues such as the validity of fee-shifting bylaws, the standard for pleading corporate scienter for purposes of Rule 10b-5 claims, and demand futility. We help you understand how the most recent pronouncements from the Supreme Court, the Second Circuit, and Delaware state courts may affect aspects of your public company practice and risk management. From time to time, we also address relevant decisions from other courts.

Corporate Litigation and Litigation Risk

Combatting Securities Fraud Allegations With 10b5-1 Trading Plans (July 24, 2017)
Citing Lack of Injury, Second Circuit Affirms Dismissal of Consumer Claims in Michaels Stores Data Breach (May 19, 2017)
“Corporate Litigation: SOX Certification Requirement and Clawback Provision,” New York Law Journal (October 14, 2016)
“Corporate Litigation: Advancement of Legal Expenses,” New York Law Journal (August 12, 2016)
“Corporate Litigation: Scope of Delaware Corporate Records Inspections,” New York Law Journal (June 9, 2016)
“Corporate Litigation: The Effectiveness of Non-Reliance Provisions,” New York Law Journal (April 14, 2016)
“Corporate Litigation: Enforceability of Non-Reliance Provisions,” New York Law Journal (February 11, 2016)
“Corporate Litigation: The Scope of Federal Statutory Whistleblower Provisions,” New York Law Journal (December 10, 2015)
In Landmark Decision, Third Circuit Affirms FTC’s Power to Regulate Cybersecurity (October 15, 2015)
Second Circuit Holds That Dodd Frank’s Whistleblower Protection Provisions Extend To Allegations Reported Internally Even If Not Reported To the SEC (September 22, 2015)
Remijas v. Neiman Marcus: The Seventh Circuit Expands Standing in the Data Breach Context (August 25, 2015)
“Corporate Litigation: Shareholder Derivative Actions and Demand Futility,” New York Law Journal (August 13, 2015)
Delaware Prohibits Stock Corporations From Enacting Fee-Shifting Bylaws for Intra-Corporate Disputes (July 23, 2015)
Connecticut State Courts Address the Definition of “Injury” in the Data Breach Context (June 22, 2015)
“Corporate Litigation: Disinterested Directors and ‘Entire Fairness’ Cases,” New York Law Journal (June 11, 2015)
“Corporate Litigation, Standing to Bring a Consumer Data Breach Action,” New York Law Journal (April 9, 2015)
Supreme Court Clarifies Pleading Requirements for Claims Premised on Statements of Opinion under Section 11 of the Securities Act of 1933 (March 27, 2015)
“Corporate Litigation: Pleading Corporate Scienter: Circuits Split on Standard,” New York Law Journal (December 11, 2014)
“Corporate Litigation: Enforceability of Board-Adopted Forum Selection Bylaws,” New York Law Journal(October 9, 2014)
“‘Loser Pays’ Rules Make A Comeback,” Wall Street Journal (Opinion) (August 28, 2014)
“Corporate Litigation: Attorney-Client Privilege in Internal Investigations,” New York Law Journal (August 14, 2014)
Fifth Third Bancorp v. Dudenhoeffer: Where Does It Leave Fiduciaries of Public Company Employee Stock Ownership Plans? (July 22, 2014)
Court of Appeals Clarifies Reach of Attorney-Client Privilege With Respect To Internal Investigation Documents (July 3, 2014)
“Corporate Litigation: Litigation Fee-Shifting Bylaws Facially Valid in Delaware,” New York Law Journal(June 12, 2014)
Second Circuit Extends Supreme Court Ruling on Extraterritorial Unavailability of Exchange Act Claims (May 27, 2014)
Delaware Supreme Court Finds Litigation Fee-Shifting Bylaws Facially Valid (May 27, 2014)
“Corporate Litigation: Privilege and Work Product in Internal Investigations,” New York Law Journal (April 10, 2014)
Three Federal Courts Dismiss Lawsuits Against Chevedden, Citing Lack of Subject Matter Jurisdiction (March 19, 2014)
Securities and Exchange Commission v. BankAtlantic Bancorp, Inc.: Some Guidance on MD&A’s “Known Trends or Uncertainties” (February 19, 2014)

In This Section

Contact

Karen Hsu Kelley

Partner

+1-212-455-2408

[email protected]