Current literature is full of warnings about individual liability of directors when corporations violate governmental laws or regulations. I suggest that the practical risk for directors is minimal. The United States Attorney General’s Office is out to emphasize that individuals … Continue reading
Category Archives: The Law
A November 13 presentation at the Boston offices of DuaneMorris, by Japanese pharma giant Takeda, addressed to a group of life science and healthcare investors, contained stark facts concerning the cost and difficulty of creating new, significant drugs outside the … Continue reading
What should compensation committees consider when determining executive compensation? The answer, according to an expert panel convened by the National Association of Corporate Directors in Boston on November 10th, seems to be: just about everything. It is axiomatic that compensation … Continue reading
On October 30, the SEC at long long last promulgated final rules for true crowdfunding, a mere three and a half years after receiving instructions from Congress to do just that. Whether this Federal program will replace other crowdfunding solutions, some of … Continue reading
80% of mobile “wearable” medical devices today are focused on the treatment of chronic disease; some are good, some “garbage,” and in any event more than half of them will disappear in three years. This was the view expressed by … Continue reading
Company resistance to activist shareholders is most successful if management is transparent, is willing to listen to activist shareholders, is open to new ideas, has a pre-existing plan on how to deal with activist shareholders, and closely monitors transient shareholding … Continue reading
A United States Bankruptcy Court has just decided a case indicating the possibility of individual director and officer liability where a bankrupt company had failed to provide advance notice of an intention to reduce staff. The case arose under the … Continue reading
Those acquainted with the musical show “Guys and Dolls” know that the key question on the lips of every wise-guy with a pair of shaved dice in his pocket is, “who’s got the action?” Which leads us to a comment … Continue reading
The biggest problem in combating medical device cyber-attacks is not technological, it is the secretive reaction of med device companies when confronted with evidence that their devices can be hacked, leading to a refusal to disclose any information about the … Continue reading
You might want to take a look at recent developments in the Delaware law relating to the liability of corporate directors in case of a freeze out merger or other self-interested transaction. You can start by taking a look at … Continue reading