It is not clear what boards of directors should be doing about AI. (The answer will be applicable to public companies with anticipated SEC and possible Stock Exchange promulgations and mandatory disclosures, but much the same conundrum will affect managers … Continue reading
Category Archives: The Law
This is the first in what I envision as a series of posts tracking developments in AI. Two schools of thought are emerging. The first is that AI is the future of progress and work and a great boon to … Continue reading
Today, the SEC announced new Rules requiring wide disclosure relating to corporate redemption of shares. Buy-backs are huge (in 2021, they totaled $950 Billion), and have been occasionally questioned in the liberal press as events that wrongly reward investors, while … Continue reading
The battle over whether ESG belongs in investment decision-making, and whether failure to adhere to ESG principles can lead to litigation against companies, has created some very curious legal situations. The two below are wholly unrelated, but also illustrative of … Continue reading
For a long time, it has been settled law that if you bought shares on a public offering and if the prospectus was materially deficient, and if then the price of the shares you purchased fell, then you the investor … Continue reading
I am not making this up. It was reported two days ago that two Ivy League student athletes, a male and a female it seems, have sued all eight Ivy League schools, asserting a class action on behalf of more … Continue reading
Everyone seems to know that VC financing in the current environment has dried up to a material extent. The statistics demonstrating this fact, as set forth in the current issue of Economist magazine, are startling in confirmation, with the greatest … Continue reading
The National Labor Relations Board ten days ago declared it an unfair labor practice, when offering a severance agreement to an employee, to include in that offer either a broad confidentiality provision or a broad non-disparagement agreement, which terms have … Continue reading
Add a social dimension to the interaction of board members; in your annual survey of board members, ask them to comment on the performance not only of themselves but also of other board members. Reduce the size of your board … Continue reading
A couple of weeks ago I posted about a new Federal Trade Commission initiative to toughen the anti-trust laws by proposing to ban all non-comps, even those previously executed. Now the FTC proposes to begin enforcing the now-obscure Robinson Patman … Continue reading