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Article
Court Of Chancery Opens The Door For Expanded Caremark Liability Based On Workplace Misconduct Oversight Failures
Recently, the Delaware Court of Chancery held in Los Angeles City Employees’ Retirement System v. Glenn Sanford, et al. (“eXp”) that officers’ and directors’ fiduciary oversight obligations may extend to the investigation and remediation of workplace sexual misconduct and that a failure to respond adequately in good faith to such claims may constitute a breach of fiduciary duty under the Caremark doctrine.
United States Commercial
CW
Cadwalader, Wickersham & Taft LLP
Article
Words And Actions – SEC Chair's View On IPO Incentives
In recent remarks on April 28, 2026 at the Small Business Capital Formation Advisory Committee, Paul S. Atkins, Chairman of the U.S. Securities and Exchange Commission (SEC), discussed the current IPO market and how the SEC’s regulatory posture has shaped decision-making for companies. Chairman Atkins argued that “decades of accretive rulemaking…have made the path to becoming a public company narrower” and have similarly had a detrimental effect on the ability to remain a public company.
United States Commercial
CW
Cadwalader, Wickersham & Taft LLP
Article
SEC Permits Shortened Offering Period For Certain Equity Tender Offers
On April 16, 2026, the Division of Corporation Finance for the Securities and Exchange Commission (“SEC”) issued an exemptive order (the “Order”) permitting certain equity tender offers to utilize an abbreviated offer period of as few as 10 business days, rather than requiring a tender offer remain open for at least 20 business days, as is currently required under Rule 13e-4(i) of the Securities Exchange Act of 1934 (the “Exchange Act”).
United States Commercial
CW
Cadwalader, Wickersham & Taft LLP
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Corporate and Company Law

Article
Court Of Chancery Opens The Door For Expanded Caremark Liability Based On Workplace Misconduct Oversight Failures
Recently, the Delaware Court of Chancery held in Los Angeles City Employees’ Retirement System v. Glenn Sanford, et al. (“eXp”) that officers’ and directors’ fiduciary oversight obligations may extend to the investigation and remediation of workplace sexual misconduct and that a failure to respond adequately in good faith to such claims may constitute a breach of fiduciary duty under the Caremark doctrine.
United States Commercial
CW
Cadwalader, Wickersham & Taft LLP
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Venture Capital

Article
Post-Seed SAFE Series — Part 1: The YC SAFE Was Not Built For The Round You Are Investing In
The Y Combinator SAFE was designed for pre-seed companies with simple cap tables, but what happens when investors are asked to use this standard form after a priced round has already closed? This analysis reveals why the instrument's design assumptions quietly break down in post-seed contexts, creating ambiguities that translate into litigation risk and economic leakage for both investors and companies.
United States Finance
FH
Foley Hoag LLP
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Shareholders

Article
Recent Shareholder Proposal Litigation Underscores The Need For Shareholder Proposal Reform
Recent federal court decisions on shareholder proposals reveal fundamental tensions in applying Rule 14a-8's "ordinary business" exclusion, with three cases reaching seemingly different conclusions despite using the same legal framework. These divergent outcomes expose the rule's inherent ambiguity and may accelerate the SEC's anticipated reform or rescission of the shareholder proposal regime.
United States Commercial
JD
Jones Day
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