Kirk T. Hartley
Multistep Transactions Lead to $4+ Billion Intercompany Deal to Pay for Underlying PFAS Claims
Just before the weekend, DuPont, Corteva and Chemours issued a joint press release announcing a $4 billion deal to resolve their...
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Kirk T. Hartley
- Jan 19, 2021
- 2 min
Judge Rakoff: Directors Sometimes at Risk When Multistep M&A Transactions Lead to Insolvency
These are interesting times with respect to corporate transactions related to alleged or actual fraudulent conveyances, whether arising...
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Kirk Hartley
- Dec 8, 2018
- 2 min
Fresenius As “Event Driven” Litigation; The Delaware Supreme Court Rapidly Affirms the T
Over the last couple of years, defense oriented commentators have used the meme “event driven securities litigation” as part of...
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Kirk Hartley
- Mar 29, 2016
- 1 min
D’s & O’s Face Increasing Criminal Prosecution Risks from US Prosecutors and Agenci
Directors and officers face increasing risks of criminal prosecution by DOJ and federal agencies, as described in a March 25, 2016 blog...
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Kirk Hartley
- Jun 4, 2015
- 1 min
UK Sentencing Statute May Notably Up the Fines for Serial Violators
For companies operating in the UK, there are more issues for public company directors and risk managers to consider when evaluating...
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Kirk Hartley
- Sep 4, 2014
- 1 min
Cyberheists, and Government and Private Standards and Investigations
As the cyberheists continue at Home Depot and JPMorgan, an Amazon.com sort of site exists to sell the stolen credit cards, as detailed by...
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Kirk Hartley
- Sep 3, 2014
- 1 min
D&O Liability Issues – A Look Ahead
Kevin LaCroix published a September 3, 2014 post with his prognostications about a range of D&O issues. Of note, he included litigation...
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Kirk Hartley
- Aug 7, 2014
- 1 min
The Modern Oxymoron: “Secure Web Site” – Liability to Follow
“Over a billion email accounts stolen.” The phrase sounds somewhat like the old McDonald’s ads about the number of burgers sold. For now,...
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Kirk Hartley
- Jul 23, 2014
- 1 min
Supply Chain Issues – Are Ds and Os Paying Attention?
Globalization can reduce expenses and raise profits by purchasing goods from the cheapest supplier. But purchasing the cheapest product...
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Kirk Hartley
- Jul 1, 2014
- 3 min
Consequences for Ignoring Science and Technology – Corporate Boards and Other Leaders –
It may be the corporate boards are starting to get the message about the need to pay attention to science, technology and cybersecurity....
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Kirk Hartley
- Nov 14, 2013
- 1 min
Willful Blindness in the Corporate Boardroom
The CLS Blue Sky blog includes an interesting new post on decisions from SCOTUS and others that accept the legal sufficiency of...
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Kirk Hartley
- Mar 5, 2013
- 1 min
Warning Signs, Caremark Duties and Product Liability
John Tate of Stites & Harbison wrote a short but cogent article on recognizing and managing repetitive or "serial litigation" arising...
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Kirk Hartley
- Feb 28, 2013
- 3 min
More Legal Winds of Change – Chancellor Strine on Duties of US Directors With Overseas Operati
Delaware corporate lawyers and D & O lawyers are buzzing about Chancellor Strine’s recent ruling on D & O issues while denying a motion...
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Kirk Hartley
- Feb 18, 2013
- 1 min
Delaware Supreme Court Briefing on Standing to File Shareholder Derivative Claims After a Merger Aft
Alison Frankel covers the developments in shareholder derivative claims arising from the Countrywide financial fiasco and its subsequent...
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Kirk Hartley
- Feb 18, 2013
- 1 min
Update on Failed Bank Litigation
The D & O Diary includes a new update on failed bank litigation in the US. #DOIssues
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Kirk Hartley
- Feb 13, 2013
- 1 min
Carnival Cruises, Contingency Planning and Caremark Duties
Under Caremark, corporate directors are to ensure that the operating staff of a business review and understand contingent risks, and that...
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Kirk Hartley
- Nov 20, 2009
- 2 min
Global Choice of Law Issues for D & O Coverage – Contract Issues
This post at Kevin LaCroix’s D & O Diary covers an interesting new decision from Canada on global choice of law issues arising from D &...
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Kirk Hartley
- Jul 11, 2009
- 1 min
Germany Tries to Change D + O Behavior With Limits on D + O Insurance
The D + O Diary, a blog on D + O liability, includes this post about a new German law that seeks to change behavior of corporate officers...
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