EBA HENDRICKSON—Against a backdrop of rising investor activism, controlling stockholders must now jump through more procedural hoops to obtain the deferential business judgment standard of review for transactions they take part in. In Kahn v. M&F Worldwide Corp. (“MFW”), the Delaware Supreme Court announced that the business judgment rule will only apply to “squeeze-out” mergers […]
SKYLAR POLLOCK—As the saying goes, “time is the most valuable thing a man can spend.” In this rapidly changing landscape, where smartwatches evolve from simple timekeepers to multifunctional devices, the field of smartwatch makers has become inundated with legal battles, particularly concerning their key features and intellectual property. The complex and lengthy legal process underscores […]
JULIA STEINER—After failed licensing negotiations beginning in April 2023, the New York Times sued OpenAI and Microsoft, the company’s largest investor, last month for copyright infringement. While this is only the latest in a bout of litigation facing OpenAI, the Times is the first news publisher to sue. The complaint alleges that Microsoft’s Copilot and […]
DAMON DUCHENNE—Parties to a contract may elect to resolve disputes arising out of the agreement through arbitration. International arbitration involves parties based in different countries who select a “seat” where the arbitration will occur and the rules that apply to the proceeding procedure. Because international arbitration is a private form of dispute resolution, generally without […]
ISABELLA WOLSTENHOLME—If you have ever sold your home before, chances are your realtor listed it on the Multiple Listing Service (MLS), one of the local databases listing properties for sale. Roughly 97% of local and regional MLSs are owned or operated by one or more local realtor associations, which require membership from realtors to gain […]
