Corporate Law
40. Is Your Company Ready For the SEC’s New Climate Disclosure Rules? We Break Them Down
April 10, 2024April 2024 The SEC had planned to usher in a new era of corporate disclosure but now it may be on hold. Its new rules would require public companies to report extensive climate-related information. They are intended to improve the consistency, comparability, and reliability of climate-related data and to provide detailed, decision-useful information for investors […]
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39. Enforcement is on the Rise Against Non-Compete Agreements. Is Your Business Ready?
February 3, 2024January 2024 A whopping one in five workers in the U.S. has signed a non-compete agreement. Companies use these contracts to protect trade secrets, reduce employee turnover, and improve their business leverage. Detractors say non-competes decrease wages and are burdensome to workers. Private litigation is on the rise against non-competes and some states are now […]
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38. Is Your M&A Contract Vulnerable to Post-Closing Litigation? We Break it Down
January 9, 2024January 2024 When an M&A deal closes, is it done? Not always. More and more disputes are arising after closing, which results in lost time and expense for both buyers and sellers as they realize they don’t actually have a done deal. Not all disputes after closing can be avoided, but their effects can be […]
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25. Litigation Trends in Delaware and How Businesses and Boards Can Mitigate Risk
February 16, 2022February 2022 New structures, new rules? Delaware’s Chancery Court provides guidance on disclosure, conflicts, and risk allocation. We take a look at the latest Delaware rulings and what they say about SPAC directors’ fiduciary duty, as well as COVID’s effect on M&A deals, and how corporations and boards can mitigate their liability. Join host and […]
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22. Increased Scrutiny Has Boards of Directors in the Hot Seat
November 16, 2021November 2021 Life is getting harder for boards of directors of public companies. Increased scrutiny of companies — particularly in heavily regulated industries — has led to greater risk of criminal and civil liability. And recent Delaware cases have ratcheted up the pressure, allowing lawsuits to proceed against boards for failure of oversight. What should […]
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21. How to Mitigate Corporate Risk and Respond to Crises
October 20, 2021October 2021 Summary Recent events have given the term “corporate crisis” a whole new meaning. From cyberattacks and pandemic disruptions to political divisions and tweets that go viral, companies are being challenged in ways they never have before. How should they respond in a fast-moving crisis? How can they identify risks and mitigate them? And […]
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18. Congress Divided: An Insider’s View on Priorities for Corporate America
March 25, 2021March 2021 Impeachment is behind us, and President Joe Biden is working to bring to fruition an ambitious agenda. Georgia’s voters gave Democrats a 50/50 Senate, with Vice President Kamala Harris as the tie-breaker. Now comes the hard part — getting things done. From COVID-19 relief to infrastructure to immigration, how much of the Biden […]
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17. Shareholder Activism, Hostile M&A, and Related Issues for the 2021 Proxy Season
March 25, 2021February 2021 It’s proxy season, and for most companies, the time for annual meetings is just around the bend. Publicly traded companies are coming off a tumultuous year. The link between corporation and community has never been more at the forefront — from COVID-19 to racial justice to worker treatment. And businesses are facing activist […]
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14. What Will a Biden Administration Mean for Business?
November 25, 2020The voters have spoken. A Biden administration waits in the wings and could soon pursue an agenda that could change the way companies are regulated and the way they do business. How will the new administration respond to COVID-19, and which companies should now worry about being investigated? Our latest episode of The Sidley Podcast grapples with […]
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12. Insider Trading and the COVID-19 Impact
September 23, 2020Volatile stock markets are creating more opportunities for insider trading. As U.S. businesses try to return to normal amid COVID-19, the SEC is ramping up its response to potential securities violations. In the UK, the Financial Conduct Authority is warning companies to further protect inside information. How has enforcement of insider trading changed, and how […]
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