As discussed in Foley’s Corporate Governance Update last month, SB 21: Delaware Responds In The DExit Battle, the Delaware legislature has been moving quickly to ensure that Delaware remains the preeminent home of choice for...more
4/7/2025
/ Board of Directors ,
Books & Records ,
Business Litigation ,
Controlling Stockholders ,
Corporate Governance ,
Delaware ,
Delaware General Corporation Law ,
New Legislation ,
Regulatory Reform ,
Shareholder Litigation ,
Shareholder Rights
On June 28, 2024, the U.S. Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce[1], overruling the Chevron doctrine. This holding overturns the decades-long...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agenda ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Statutory Interpretation
In navigating the complex world of private company mergers and acquisitions (M&A), understanding recent legal decisions is paramount. This white paper serves as a guide, distilling intricate court rulings into digestible...more
4/17/2024
/ Acquisitions ,
Bad Faith ,
Breach of Contract ,
Damages ,
Fiduciary Duty ,
Investors ,
Mergers ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Stockholder Agreements ,
Twitter ,
Venture Funding
Last week, state regulators forced Silicon Valley Bank (SVB) into receivership, and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. SVB’s failure marks the largest receivership since Washington...more
On December 5, 2022, the SEC filed a settled action against investment advisory firm Two Point Capital Management Inc. (the Firm) and its chief executive officer, who also served as the Firm’s chief compliance officer until...more
As public companies across the economic spectrum strive to overcome the supply chain disruptions drastically affecting revenue and profitability, they must not lose sight of how these disruptions impact their disclosure...more
10/5/2022
/ China ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Enforcement ,
MD&A Statements ,
Regulation S-K ,
Russia ,
Securities and Exchange Commission (SEC) ,
Semiconductors ,
Supply Chain ,
Supply Shortages ,
Ukraine