Delaware Corporate Litigation: As Capital Markets Rebound, What You Need to Know About Litigation Risks
399 Park Avenue
New York, NY
The increase in capital market activity brings associated new challenges for company executives and boards of directors. Potential issues may involve lawsuits challenging deal negotiation or structure, fairness of merger consideration, company disclosures to shareholders, executive compensation, or more traditional breach of fiduciary duty claims. An understanding of current Delaware corporate law and the Delaware courts' recent activity is indispensable for mitigating risks. Our panel will draw on extensive experience litigating issues involving Delaware corporate law to discuss how your company can be best prepared to respond to developments in Delaware litigation. Among the issues and recent decisions we will cover are:
- Trends in shareholder M&A and tender offer challenges and strategies for response.
- The duty of loyalty and avoiding "bad faith."
- "Say-on-pay" lawsuits challenging executive compensation packages.
- "Don't Ask, Don't waive" provisions in standstill agreements.
- Fiduciary duties of directors of companies with significant foreign operations.