Corporate

Transnational Corporate Law Litigation: Holding American Corporations Accountable for Foreign Violations Through Fiduciary Duty Claims

by

Wilmington, Delaware – Corporate law experts in the United States widely recognize the significance of Delaware’s legal compliance jurisprudence. While directors and officers have considerable leeway in making business decisions, they are not immune to being held accountable for corporate law violations. Directors and officers betray shareholders when they knowingly allow the corporation to break the law. A forthcoming paper titled “Transnational Corporate Law Litigation” in the Duke Law Journal explores how Delaware’s legal compliance jurisprudence can be utilized to deter corporate lawbreaking in foreign countries. The paper presents a blueprint that explains why violations … Read more

TV Legal Ads: An Early Warning for Corporate Counsel in Mass Tort Cases

by

Television legal ads have become a valuable tool for general counsel in predicting the next big mass tort categories. By tracking these commercials that solicit plaintiffs for mass torts, legal departments can gain early insight into emerging trends and assess the plaintiffs’ bar’s interest in product litigation categories. Last year, plaintiffs’ lawyers spent approximately $59 million on environmental contamination cases, making it the industry sector with the highest spending on television legal ads. This information provides general counsel with a clear indication of where the plaintiffs’ bar’s focus lies. Moreover, the analysis of television legal … Read more

EU Slashes Scope of Corporate Sustainability Law, Drawing Criticism for Neglecting Human Rights and Environmental Concerns

by

BRUSSELS – The European Union (EU) has come under criticism from environmental campaigners after member states approved a revised corporate sustainability directive that has significantly reduced the scope of laws designed to hold companies accountable for human rights abuse and environmental harm in their supply chains. The directive, which was first agreed upon in December, was nearly scuttled when a minor coalition partner in the German government withdrew support. However, after a month-long search for compromise and further lobbying from France and Italy, the directive was approved on Friday. The Belgian government, which currently holds … Read more

Landmark Court Ruling Declares Corporate Transparency Act Unconstitutional: What This Means for Small Businesses and Future Litigation

by

Birmingham, Alabama – In a significant ruling, the US District Court for the Northern District of Alabama declared the Corporate Transparency Act (CTA) unconstitutional on March 1, 2024. The court granted summary judgment to Issac Winkles and the National Small Business Association (NSBA), as they argued that the CTA exceeded the federal government’s authority. As a result, the court issued an injunction favoring the named plaintiffs, providing them relief from complying with the CTA. The Financial Crimes Enforcement Network (FinCEN) of the US Department of Treasury further confirmed that it would not pursue any enforcement … Read more