Over the past few years, the legal landscape surrounding diversity, equity and inclusion (“DEI”) has undergone significant changes. The landmark SFFA v. Harvard decision prohibiting the use of race‑based considerations in college admissions has contributed to the emergence of a
The CLS Blue Sky Blog
The Role of AI in Judicial Decision-Making
[Authors’ Note: This post was written by the large language model, Claude.AI (professional plan), after being fed our paper and asked to summarize it. We have lightly edited the post.]
Can artificial intelligence replace human judges? This question, once confined…
Richards Layton Discusses the Standing Demand Committee in Derivative Litigation
Recently, corporations and fiduciaries have faced enhanced litigation risk arising from entire fairness claims challenging related-party transactions and other transactions implicating unique interests of corporate fiduciaries. This risk is most pertinent for controlled public corporations, although it has also affected…
Delaware Law’s Biggest Overhaul in Half a Century: A Bold Reform – or the Beginning of an Unraveling?
Yesterday, Delaware State Senator Bryan Townsend introduced a sweeping set of amendments to the Delaware General Corporation Law. If adopted, these measures would mark the most significant single-year revision of Delaware’s corporate code since at least 1967, reshaping everything from…
Wachtell Lipton Discusses Trump Administration’s New White-Collar Enforcement Priorities
In our most recent memorandum, we predicted that President Trump’s second administration would likely entail a significant overhaul of DOJ’s agenda and enforcement priorities. Although we are less than a month into the new Trump Administration, we have already seen…
Behind the Private Credit Boom

There’s a growing buzz around private credit that’s almost impossible to ignore. In a recent paper, I discuss the background, key participants, distinctive features, and potential concerns associated with this asset class and explore the reasons for its rising…
The Activist Investor Discusses “Voting No” on Directors
Let’s say upfront: voting “no” or withholding votes on directors is a relatively weak way to influence a portfolio company. We’re stubborn, so we prefer electing directors or amending bylaws. Binding acts work much better than non-binding, like opposing exec…
Discovery as a Compliance Problem
It’s no secret that civil discovery breeds attorney misconduct. The incentives are all wrong. Lawyers have an incentive to advance their clients’ interests. Fighting tooth and nail on behalf of a client helps to justify large fees and repeat business,…
What Is Corporate Success?
Corporate success lies at the heart of directors’ duties in many corporate laws, but few of those laws define success. As a result, there is growing confusion and concern about the objective of the firm.
Some scholars argue that it…
Cleary Gottlieb Discusses Decision Subjecting Delaware Exit to Business Judgment Review
Last week, in Maffei v. Palkon, the Delaware Supreme Court held that the decision to change the corporate domicile of a Delaware corporation with a controlling stockholder to Nevada is subject to the business judgment rule, making stockholder challenges to…