The Delaware Supreme Court has affirmed that unreasonable restrictive covenants remain invalid, even if the party seeking to enforce them asserts a claim only for monetary damages and not injunctive relief. This Legal Update discusses implications for buyers in M&A
Across The Board
Keeping companies and their boards a step ahead.
Across The Board, published by Mayer Brown, covers a broad range of corporate and securities law topics with a focus on regulatory developments affecting public companies and foreign private issuers. The blog addresses issues such as SEC disclosure requirements, proxy advisory firm regulations, shareholder voting guidelines, and legislative changes impacting corporate governance. It also discusses trends in areas like environmental, social, and governance (ESG) policies, diversity, equity, and inclusion (DEI), cybersecurity, artificial intelligence, and financial reporting. The content is aimed at helping corporations, financial institutions, and legal professionals navigate complex compliance and disclosure obligations in the evolving regulatory landscape.
Latest from Across The Board - Page 5
Getting on Board Training Program: How Boards Manage and Meet Rising Responsibilities
Hybrid Seminar: March 25, 2026 | 8:30 a.m. – 9:30 a.m. ET Mayer Brown New York Office | Zoom Register here.
Corporate boards are busier than ever, and governance arrangements continue to adapt to meet expanding expectations. After a…
SEC Adopts Final Rule Amendments Requiring Section 16(a) Reporting for Officers and Directors of Foreign Private Issuers
On February 27, 2026, more than two weeks in advance of the deadline, the U.S. Securities and Exchange Commission (the “SEC”) adopted final amendments to certain rules and forms under the Securities Exchange Act of 1934 (the “Exchange Act”) to…
Delaware Supreme Court Upholds Safe Harbor Procedures for Conflicted Transactions
In a decision with significant implications for transactions involving controlling stockholders and other conflicted fiduciaries, the Delaware Supreme Court has upheld the constitutionality of a series of amendments to Delaware General Corporation Law (DGCL) §144, enacted in 2025. See Rutledge…
Foreign Issuers and Section 16 Reporting: SEC Adopts Final Rules for the Holding Foreign Insiders Accountable Act
The Securities and Exchange Commission today adopted final rules and form amendments to reflect the requirements of the recently enacted Holding Foreign Insiders Accountable (“HFIA”) Act.
Directors and officers of foreign private issuers, or FPIs, with a class of equity…
Upcoming Reporting Requirements for Venture Capital Companies with a Nexus to California
March 17, 2026 Update: Implementation and enforcement of the Fair Investment Practices by Venture Capital Companies Law (“FIPVCC”) will be suspended pending completion of rulemaking and until final regulations are in place. California Department of Financial Protection and Innovation (“DFPI”)…
Letter to SEC Chair Atkins on Proxy Advisor Executive Order
Earlier this month, Senator Elizabeth Warren, in her capacity as Ranking Member of the Senate Banking, Housing, and Urban Affairs Committee, sent a letter to Securities and Exchange Commission (“SEC”) Chairman Atkins, in response to an executive order titled “Protecting…
EDGAR Next and Exchange Delegation: A New Compliance Consideration for Listed Companies
On January 27, 2026, the New York Stock Exchange (“NYSE”) issued its annual listed company guidance, highlighting an important but often overlooked consequence of the Securities and Exchange Commission’s (“SEC”) transition to EDGAR Next: the need for listed companies…
Getting on Board Training Program: D&O Insurance & What Directors Need to Know
Hybrid Seminar: February 26, 20265:00 p.m. – 6:00 p.m. ETRegister here.
Litigation risks facing directors, officers, and corporations are inevitable and increasingly complex. What can you do to make your company and yourself more defensible from lawsuits? What protections…
Delaware Law Alert: Delaware Case Applying Indemnification Materiality Scrape Creates Risks for the Unwary
An imprecise materiality scrape can significantly expand the scope of a seller’s potential liability for indemnification and fraud claims. In a recent opinion, the Delaware Superior Court, applying a materiality scrape, held that the seller breached its absence of changes…