Litigation

Stockholders who believe that a board breached its fiduciary duties in connection with information provided to stockholders asked to vote for a merger transaction can either seek to enjoin the transaction or seek damages post-closing. In light of the Delaware courts' jurisprudence post-Corwin, such claims are unlikely to succeed

Analysis of a case in which a jury in New York convicted the former Minister of Mines and Geology of the Republic of Guinea, Mahmoud Thiam, on one count of transacting in criminally derived property and one count of money laundering in the amount of $8.5 million.

Discussion of two key cases.

Mash-Up of Dr. Seuss/Star Trek Components Is a Fair Use

A Trend Is Emerging

The Central District of California recently joined the small growing list of courts that have held forensic reports created by outside security companies following a data breach are protected from disclosure in civil litigation in certain circumstances.

This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Litigation finance, or the practice of providing capital using legal claims as the underlying asset, is a growing industry. Its use by law firms alone grew four-fold between 2013 and 2016. To optimize its use, the legal and corporate industries should first collect the facts.