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SEC Clawback Rules: Practical Considerations and FAQs

The FAQs offer practical advice for listed companies implementing compliant policies. Key Points: ..By December 1, 2023, all companies listed on the NYSE or Nasdaq must adopt clawback policies that comply with listing...more

California Court Adopts the Caremark Standard for Oversight Claims

The decision articulates the standard for plaintiffs asserting derivative claims based on an alleged failure of oversight by directors and officers of California companies. Nearly three decades ago in the seminal case In...more

California Gender Board Diversity Law Is Held Unconstitutional

The law suffers the same fate as the California board diversity law requiring directors from “underrepresented communities.” On May 13, 2022, Los Angeles Superior Court Judge Maureen Duffy-Lewis issued a ruling in Crest...more

California Board Diversity Law Requiring Directors From “Underrepresented Communities” Is Held Unconstitutional

The California gender board diversity law may suffer the same fate. On April 1, 2022, Los Angeles County Superior Court Judge Terry A. Green issued a summary judgment order finding that California Corporations Code §...more

ESG in 2022: 10 Things to Look Out For

Corporate reporting (including SEC developments), climate change,  energy transition, supply chain management, and the mitigation of ESG-related litigation risk are expected to be the leading ESG themes of this year. As...more

Securities Litigation Trends During Covid-19

Many predicted a wave of securities litigation would follow the stock market plunge during the early days of the pandemic in March 2020, just as it did in the wake of the 2008 economic downturn. But in the months since the...more

Delaware Supreme Court Confirms Validity of Federal Forum Selection Bylaws for Securities Act Claims

The decision is a positive development for Delaware corporations seeking to reduce duplicative state court litigation arising from public securities offerings. On March 18, 2020, the Delaware Supreme Court issued its...more

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