Insights
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- US Supreme Court 2020 Term Preview
- In <em>Arthrex</em>, Supreme Court To Review Constitutionality of Patent Board’s Structure
- Supreme Court Mulls Scope of Alien Tort Statute in <em>Nestle</em>, <em>Cargill</em>
- Supreme Court Review of FTC Monetary Relief Authority Threatens Long-Standing Agency Practice
- Supreme Court To Revisit Delegation of Arbitrability in <em>Henry Schein II</em>
Topics Panel Section
This issue covers important, developing areas of Delaware corporation law and deal litigation, including an increased focus on officer-related actions in merger litigation, the treatment of Caremark claims after Marchand and Clovis, fiduciary duty actions against executive directors following transactions approved by a disinterested and independent board, and recent guidance regarding when the deferential business judgment standard of review may apply to controlling stockholder “squeeze-out” mergers.
The Supreme Court has announced that it will once again weigh in on the contours of class certification in the securities class action context. The Court will consider the extent to which defendants can present evidence at the class certification stage showing that the alleged misstatements had no impact on the price of the security to rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson. As class certification is an important battleground, the ultimate decision by the Court may have a significant impact on the ability to defeat or limit securities class actions.
The 2021 annual general meeting season represents a challenging time for remuneration committees. The difficult trading environment caused by the pandemic, the short-term impact of support measures on which companies may have relied, and the increasing focus on environmental, social and governance issues are likely to result in greater scrutiny than ever before of pay levels, reward structures, and the widening gap between workforce and management pay. Investors and the public will be looking closely at how companies are reflecting the pandemic's impact on their businesses and the wider workforce, as well as ESG concerns, in decisions about executive pay.
In this issue, we provide a summary retrospective of regulatory, litigation and industry developments impacting the investment management sector during the second half of 2020, including SEC guidance and exemptive orders relating to the COVID-19 pandemic, updates on closed-end fund activism, and new rules and amendments relating to securities offerings, fund valuation, use of derivatives and fund of fund arrangements.
Upcoming Speaking Engagements
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Contemporary Issues in Mass Torts: Applying Lessons From Talc and BeyondJanuary 21, 2021
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10th Annual Forum on US Export and Reexport Compliance for Canadian OperationsJanuary 26-27, 2021
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The State of Securities Class Actions: 2020 Trends and a Look AheadJanuary 27, 2021
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Current Developments in Federal Civil Practice 2021February 1, 2021