New England Biz Law Update

The proper function of a government is to make it easy for the people to do good and difficult for them to do evil. — Gladstone In writing this column, I reviewed recent government actions and noticed a clear theme: ...

There is never a dearth of interesting information concerning boards of directors — who should serve, whom do they serve, and what is the best way to sue them when you think they have messed up. So-called expert advice comes ...

“You only have to do a few things right in your life so long as you don’t do too many things wrong.” — Warren Buffett If you are a CEO or director of a Delaware corporation, you enjoy a business-friendly ...

While it is premature to speculate on what a new federal administration may bring to SEC policy, we can pause to see where we are at the end of the administration of former Chair Jay Clayton and his Republican majority. ...

Current financial turmoil may be expected to foster derivative actions seeking to hold corporate management responsible for financial loss. We see deals involving potential claims of self-interest initiated by major stockholders in an effort to buttress their companies. I suspect ...

Many of us, practicing at home while walking the dog and driving the kids, likely are impressed with the constant flow of court decisions notwithstanding obvious present difficulties. We are in the midst of a busy litigation season for corporate ...

Laws and institutions, like clocks, must occasionally be cleaned, wound up, and set to true time. — Henry Ward Beecher A recent article in Massachusetts Lawyers Weekly flagged a new Supreme Judicial Court case that suggested, upon first impression, a ...

“That government is best which governs least.” — Henry David Thoreau My first column in New England In-House appeared on Oct. 1, 2003.  The publishers have invited me to look over the past 16 years and identify significant legal trends. ...

While seemingly quiet, the last few months have in fact comprised one of the most active periods in the annals of Delaware corporate law. I’ll review here significant developments affecting aggrieved minority shareholders in M&A transactions; expansion of fiduciary duties ...

Tautology: needless repetition of an idea, statement or word. — Merriam-Webster Dictionary You invest in public securities, sometimes through your investment advisor, sometimes through your stock broker. The legal obligations each historically owed to you were different. Under new SEC ...