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Caremark Claim Allowed to Proceed Against Boeing Directors

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Most are familiar with the facts of the crashes of Boeing’s 737 MAX.  Later Boeing stockholders brought a claim that Boeing’s directors failed them in overseeing mission-critical airplane safety to protect enterprise and stockholder value.  The Delaware Court of Chancery issued an opinion that these Caremark claims survived a motion... Read More

Topics: Litigation, Public Companies and Securities

ISS Opens Global Annual Benchmark Policy Survey and Separate Climate Survey

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ISS has opened its annual benchmark policy survey.  The survey usually foreshadows upcoming changes to its policies. Areas addressed in this year’s survey include: Should non-financial Environmental, Social, and/or Governance-related metrics be incorporated into executive compensation programs? Opinions regarding third-party racial equity audits. Detrimental and/or problematic practices for virtual only... Read More

Topics: Public Companies and Securities

Supreme Court Holds Generic Nature of Statements Must Be Considered When Granting Class Certification in Securities Litigation

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The Supreme Court issued its decision in Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. The case analyzes what the Defendants considered were generic statements that did not have a price impact.  The case is important because it addresses when a securities fraud case can... Read More

Topics: Litigation, Public Companies and Securities

SEC Charges Issuer with Cybersecurity Disclosure Controls Failures

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The SEC announced a settled enforcement action concerning First American Financial Corporation’s violations of disclosure controls and procedures.  The violations related to disclosures made in connection with a cybersecurity vulnerability involving the company’s “EaglePro” application for sharing document images related to title and escrow transactions. According to the SEC, First... Read More

Topics: Litigation, Public Companies and Securities