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Commentary, legal analysis, and practice updates from the attorneys of Blackthorne & Vale. Published for clients and professionals navigating complex legal terrain.
Recent appellate decisions have meaningfully shifted the landscape for corporate directors facing derivative actions. The Second Circuit's ruling in Hartwell v. Meridian Capital introduces a heightened pleading standard for demand futility that practitioners must understand.
The discovery phase of major commercial litigation is where cases are often won or lost — long before the first witness takes the stand. This article examines the strategic decisions that matter most.
The choice between litigation and arbitration is one of the most consequential early decisions in any significant dispute. We examine the practical differences that matter to clients — and to outcomes.
Material adverse change clauses have returned to the center of deal litigation. We survey recent Delaware Court of Chancery decisions and their implications for practitioners drafting acquisition agreements today.
The Commission's increased focus on individual accountability — and the tools at its disposal — has changed the risk calculus for executives at regulated entities. This analysis examines what has changed and what it means in practice.
The last decade has seen a meaningful expansion in personal liability exposure for corporate officers. We outline the landscape and the steps executives can take — before a dispute arises — to protect themselves.
Eight years after its enactment, the Defend Trade Secrets Act has reshaped how companies protect and litigate their most sensitive competitive assets. We examine the statute's evolving caselaw and its practical implications.
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