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Sidley Austin Blog

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By: Sidley Austin LLP

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Jaime A. Bartlett
Sophia A. Blake
Deepa A. Chari
Sheila A.G. Armbrust
Samir A. Gandhi
Sarah A. Hemmendinger
Galit A. Knotz
Andrew A. Kunsak
Natalie A. Piazza
Chelsea A. Priest
Rachel A. Rein
Katherine A. Roberts
Caroline A. Wong

Latest from Sidley Austin Blog

Sidley Austin Blog

Texas Seeks to “Seize the Moment” by Enacting Major Changes to Business Organizations Code

By Yolanda C. Garcia, George J. Vlahakos, Mason Parham & Catherine G. Pritchard
May 30, 2025

On May 14, Texas Governor Greg Abbott signed Senate Bill 29 (“S.B. 29”), which amends the Texas Business Organizations Code (“TBOC”) as part of the Texas legislature’s broader initiative to modernize the state’s corporate laws and attract businesses to the…

Sidley Austin Blog

Delaware Courts Continue to Reject Hypothetical, Unripe Bylaw Challenges

By Charlotte K. Newell & Ram Sachs
May 29, 2025

On April 14, 2025, the Court of Chancery issued a decision in Siegel v. Morris that reaffirms the limits of challenges to companies’ bylaws based on their language alone. This latest decision (pending appeal) will likely limit bylaw litigation to…

Sidley Austin Blog

Board Governance: Maintaining Balance in Uncertainty

By Holly J. Gregory
May 14, 2025

Strategies to assist boards in maintaining a balanced approach to governance as they navigate an uncertain, dynamic, and complex regulatory and economic environment.

The post Board Governance: Maintaining Balance in Uncertainty appeared first on Enhanced Scrutiny.

Sidley Austin Blog

Use It or Lose It: Texas Courts Take a Close Look at the Concept of Informal Fiduciary Relationships

By Yolanda C. Garcia, Mason Parham & Nathan S. Burkes
May 8, 2025

Under Texas law, there are two categories of fiduciary relationships: formal and informal.

The post Use It or Lose It: Texas Courts Take a Close Look at the Concept of Informal Fiduciary Relationships appeared first on Enhanced Scrutiny.

Sidley Austin Blog

Is There a 6th Amendment Right to Advancement of Legal Fees? In One Unique Case, A Court Says Yes.

By James Heyworth, Sheila A.G. Armbrust, Jaime A. Bartlett & Michael Ferguson
April 22, 2025

A federal criminal case in the Northern District of California raises an unusual scenario involving the interplay between a defendant’s right to counsel of his choice under the Constitution and a corporate officer’s right to advancement of legal fees under…

Sidley Austin Blog

Another “Super Year” for Activism

By Kai H.E. Liekefett & Derek Zaba
April 15, 2025

2024 was called a “super year” for political elections, with 72 countries and half the world’s population going to the polls. Incumbent political parties across the globe lost these elections at a dizzying rate as voters punished those seen as…

Sidley Austin Blog

Texas Business Court Weighs In on Contractual Restrictions on Fiduciary Duties

By Heather Benzmiller Sultanian & Katherine M. Surma
April 10, 2025

Earlier this month, in one of the first opinions in which the newly established Texas Business Court has addressed the merits of a claim, the court granted in part and denied in part a motion for summary judgment in Primexx…

Sidley Austin Blog

Court of Chancery Issues Rare Pre-Discovery Dismissal of Entire Fairness Claim

By Deepa A. Chari & Ian M. Ross
April 8, 2025

In February, in an offshoot of the dwindling SPAC boom, the Delaware Court of Chancery dismissed a shareholder derivative lawsuit in In re Skillsoft Stockholders Litigation, No. 2023-1179-JTL (Feb. 7, 2025). Notably, Vice Chancellor J. Travis Laster dismissed the case…

Sidley Austin Blog

Controller’s Breach of Fiduciary Duties Leads To Novel Remedy

By Connor P. Wise & Alex J. Kaplan
April 3, 2025

Vice Chancellor Laster’s opinion in In re Dura Medic Holdings, Inc. is a helpful reminder of potentially bespoke equitable remedies available for breaches of fiduciary duties. The case involved claims brought by a co-founder of Dura Medic, Inc. (“Dura…

Sidley Austin Blog

Delaware Adopts Significant Changes to Its General Corporation Law

By Paul L. Choi, Jim Ducayet, David Grubman, J. Mark Metts, Charlotte K. Newell, Kristen Seeger & Anika Hermann Bargfrede
April 1, 2025

On March 25, 2025, Delaware Gov. Matt Meyer signed into law significant changes to the Delaware General Corporation Law. These amendments provide greater clarity in a number of important areas that had been the subject of common law development, and…

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