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Kirk T. Hartley
Jan 26, 20212 min read
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, 20212 min read
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...
45 views0 comments
Kirk Hartley
Dec 8, 20182 min read
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, 20161 min read
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, 20151 min read
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, 20141 min read
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...
3 views0 comments
Kirk Hartley
Sep 3, 20141 min read
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, 20141 min read
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, 20141 min read
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, 20143 min read
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, 20131 min read
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, 20131 min read
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, 20133 min read
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, 20131 min read
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, 20131 min read
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, 20131 min read
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, 20092 min read
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, 20091 min read
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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