Worldwide: Corporate/Commercial Law

Patsy Doerr, Chief People & Culture Officer at LRN, joins Lowenstein Sandler's Real Talk podcast to share her extensive experience in driving inclusive leadership initiatives and building ethical workplace cultures across global organizations. The conversation explores her career journey and the critical elements needed to advance inclusion, talent development, and leadership in today's corporate environment.

The ICC International Court of Arbitration has reached a historic milestone with its 30,000th case registration in 2025, while simultaneously introducing groundbreaking rule changes that eliminate mandatory terms of reference for the first time in over a century. What do these developments mean for the future of international arbitration, and how are gender diversity initiatives reshaping the composition of arbitral tribunals?

A divided Eleventh Circuit panel has affirmed a preliminary injunction blocking Florida's Stop WOKE Act from restricting classroom instruction at public universities, finding the law's viewpoint-based limitations likely violate the First Amendment. The court rejected Florida's argument that professors' classroom speech constitutes government speech subject to unrestricted state control, instead emphasizing the special constitutional status of academic freedom and open inquiry in higher education. While the

In C.S. v. Brick Recycling Co., the New Jersey Appellate Division vacated a trial court decision requiring the disclosure of documents relating to an attorney-led workplace investigation into sexual harassment. In doing so, the court provided important guidance on the discoverability of documents relating to such investigations.

The D.C. Circuit's landmark decision in United States v. Navarro establishes that only the president or an authorized designee may invoke executive privilege in response to congressional subpoenas, fundamentally reshaping the obligations of current and former government officials. This comprehensive analysis examines the constitutional foundations of congressional investigative power, enforcement mechanisms ranging from criminal contempt to civil litigation, and the critical defenses available to subpoena r

New York courts issued significant estate litigation rulings this spring, addressing undue influence claims, attorney-client privilege protections, and the admission of lost wills. These decisions clarify important procedural and substantive standards for estate practitioners navigating complex probate disputes.

Delaware's Court of Chancery has issued two significant opinions clarifying how corporate minutes should be prepared and what role they play in stockholder inspection rights and litigation. These decisions highlight critical discrepancies between board minutes and proxy statements, and demonstrate how courts use meeting materials to evaluate board conduct. What do these rulings mean for corporate governance practices and the preparation of board documentation?

The SEC's Division of Corporation Finance has announced a significant policy shift, immediately ceasing all responses to no-action requests for shareholder proposal exclusions under Rule 14a-8. This decision removes the Staff from any substantive role in the shareholder proposal exclusion process, fundamentally altering how companies must evaluate and justify excluding shareholder proposals from their proxy materials.

Where a shareholders' agreement required consent before the company instituted legal proceedings, that did not prevent a shareholder from bringing a derivative claim.

A federal court dismissed a securities fraud class action against a digital technology services company and its officers, finding that plaintiffs failed to adequately plead actionable misstatements regarding AI capabilities, financial performance, and cost-cutting initiatives. The decision provides important guidance on distinguishing between forward-looking statements protected by safe harbor provisions, nonactionable puffery, and allegations that constitute impermissible fraud by hindsight.

A federal district court in Colorado denied a motion to dismiss a securities fraud class action against healthcare company executives, finding that risk disclosures about accounts receivable collection issues were materially misleading because the alleged risks had already materialized at the time of disclosure. The court credited allegations from confidential witnesses and internal meeting records showing that payment disputes and cash flow problems were ongoing realities rather than prospective risks, sup

The SEC's Division of Corporation Finance has announced a significant policy shift, immediately ceasing all responses to no-action requests for shareholder proposal exclusions under Rule 14a-8. This decision removes the Staff from any substantive role in the shareholder proposal exclusion process, fundamentally altering how companies must evaluate and justify excluding shareholder proposals from their proxy materials.