Elon Musk’s attempt to takeover Twitter provides a valuable opportunity to discuss what options are available to corporate boards in similar situations. What happens when an outside party, or even a fellow board member, attempts to takeover the company? There are...
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Corporate Litigation
Reducing the risk of lawsuits and investigations
A civil lawsuit or investigation by a government agency can derail a company's goals while diverting precious time and resources from business operations. Business leaders who want to limit their exposure to such problems can help themselves by following a few...
Business valuation: A primer for 2022
Whether looking to sell a business to retire or move forward with other opportunities, one of the first steps is to get an accurate estimate of the business’ worth. This business valuation process is more than just a quick estimation of the business’ worth. It is a...
Two tips to help enforce a noncompete agreement
Noncompete agreements are powerful and important legal tools that help protect a business’ intellectual property. Not all employees will follow the rules of these agreements. As a result, it is not uncommon for these documents to face a challenge. Businesses must...
I was accused of patent infringement. Now what?
Patents are an important part of innovation. Our country takes patent protections so seriously that our founding fathers included this form of legal protection for innovation within the original U.S. Constitution. Even before our founding fathers thought to protect...
Is this the end of non-compete agreements?
When a business shares trade secrets and innovations, and trains valuable members of the organization, it seems reasonable to expect those members to agree to stay with the business, or at least not join a nearby competitor pursuant to a non-compete agreement. These...
Will the pandemic trigger a change to supply contracts?
Modern supply chain management is contingent on an array of contractual agreements. The COVID-19 pandemic has highlighted some flaws of this system and may serve as a catalyst for change to supply agreements. As noted in a recent review in Bloomberg Law, these types...
How does indemnification work when a company sues its director?
Directors of Delaware corporations are entitled to indemnification under 8 Del. C. s. 145 as provided in the corporation’s charter and bylaws. Subject to certain parameters under Delaware law, indemnification provisions require that the corporation indemnify its...
WeWork case questions board’s right to privileged communications
Investors expected WeWork to be the next big thing. Once touted as the next Alibaba, the company appeared poised to reinvent the office space. Instead of a mass, open area with desks and cubicles, WeWork provided innovative and creative spaces while also offering...