Customary analysis of the fiduciary duties of directors in
connection with their consideration of an acquisition of the
corporation focuses on the nature of that fiduciary duty: What is
that duty? Under what circumstances is the standard of review of
the directors' performance enhanced? Does the enhanced duty
impose on the directors an obligation to take particular
actions?1 Can actions taken by the shareholders immunize
the directors from liability for their actions and
decisions?2 Lawyers counseling boards of directors focus
on these questions.
Yet, as important in practice may be the question: To whom do
the directors owe that duty? Ordinarily, lawyers and directors
speak of fiduciary duties owed to the shareholders. And they know
that litigation in Delaware related to acquisitions of public
corporations is regularly brought as a class action suit to enforce
duties owed to shareholders.3 However, that is not the
univer
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25 Apr 2018, Speaking Engagement, Boston, United States
TiE Boston and Babson College join Boston Blockchain Week (April 23 - 27) - the largest gathering of blockchain founders, developers, and funders in Boston/Cambridge.
Initial Coin Offerings (ICOs) are funding exciting startups and presenting new opportunities for investors to get a piece of the action while also creating a new funding vehicle that is changing founder/investor dynamics.
The energy storage market has taken off in the Northeast. In late 2017, Massachusetts announced $20 million in grants for 26 projects through the Baker-Polito Administration’s Advancing Commonwealth Energy Storage program, while New York Governor Andrew Cuomo recently committed to deploy 1,500 megawatts of storage by 2025. With storage finally here, communities and consumers are looking to marry solar with storage as a solution to reducing electricity costs, increasing grid resiliency and better-utilizing energy resources. Numerous Northeast Clean Energy Council (NECEC) members are leading in this space in Massachusetts, New York and other states that have jump-started their energy storage markets.
What does the generalist in-house counsel need to know about protecting designs? Designs occupy a unique space in intellectual property. In the U.S., designs are protected under the patent laws, while in Europe, designs are typically protected under industrial design law. Overlapping protection for designs also exists in the U.S. and Europe through copyright law and through trademark law as it applies to trade dress.
Foley Hoag LLP will present a 60-minute webinar on Wednesday, May 9 at 12:30 pm EDT offering guidance for in-house counsel regarding the basics of design protection from U.S. and European perspectives, as well as strategies for protecting designs effectively and economically.
One of the principal revisions to U.S. tax law made by the Tax Cuts and Jobs Act ("T.C.J.A.") was a series of changes to the definition of the term Controlled Foreign Corporation ("C.F.C.").
A great deal has been written about the inordinate time and expense companies experience as result of being subject to a Delaware unclaimed property audit.
FINRA recently introduced a new rule known as the "senior rule" that authorizes FINRA member firms to place a temporary hold on disbursements of funds or securities for up to 15 business days...
Impact On M&A Activity (Video)
