Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee’s (SLC) decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss. In In re Oracle Derivative Litig., 2019 WL 6522297 (Del. Ch. Dec. 4, 2019), Vice Chancellor Sam Glasscock III determined that it would promote Oracle’s best interests to have the derivative plaintiff “proceed with the litigation asset” with the benefit of the enhanced asset value created by the SLC’s investigative work. The framework established by the court to provide the plaintiff with the benefit of the SLC’s work has expansive disclosure aspects and important boundaries to be understood by practitioners.
*May exclude premium content
By Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein
In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.
By John Kelly
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the “force majeure” provision.
By C. Ryan Barber
In a practice that prizes in-person meetings, virtual communication has become commonplace.
By Elkan Abramowitz and Jonathan Sack
This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.