The business judgment rule is one of the important principles involved when questions of board and director liability are raised. In the following guest post, Bernard Sharfman, an associate fellow of the R Street Institute and a member of the Journal of Corporation Law’s editorial advisory board, takes a look at the way that the business judgment rule is often presented and understood. Bernie’s guest post is a summary of his longer academic paper on the same topic, which can be found here. This post previously appeared on the Harvard Law School Forum on Corporate Governance and Financial Regulation. I would like to thank Bernie for his willingness to allow me to publish his article on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to publish a guest post. Here is Bernie’s guest post. Continue Reading Guest Post: The Importance of the Business Judgment Rule
The D&O Diary is on assignment in Germany this week for meetings in Frankfurt, with brief opportunities to look around in some other places as well. I have been to Germany during the winter before; I know it can be chilly, and it can snow, too. But during my jetlag recovery visit to Freiburg, I was fortunate to enjoy some pre-Spring warmth and sunshine, as reflected in the picture at the top of the post. 
President Trump’s nomination of Tenth Circuit Justice Neil Gorsuch to fill the Supreme Court seat vacated by the late Justice Antonin Scalia has attracted a great deal of commentary and raised a host of questions about the proposed new Justice’s views on a variety of different subjects. In the following guest post, attorneys from the Paul Weiss law firm take a look at the proposed Justice’s past writings and opinions on securities litigation and agency deference questions. I would like to thank the Paul Weiss attorneys for allowing me to publish their guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is the Paul Weiss attorneys’ guest post. 
As I readers of this blog well know, a 
According to the latest annual securities litigation survey, securities class action lawsuit filings were at “record” levels in 2016. A surge of federal court merger objection lawsuit filings during the year accounted for much of the activity, but even so-called “traditional” securities lawsuit filings were at elevated levels, according to report, which was release jointly by Cornerstone Research and the Stanford Law School Class Action Clearinghouse. The January 31, 2017 report, entitled “Securities Class Action Filings: 2016 Year in Review,” can be found 
As the various 
The recent rise of litigation funding, frequently noted on this site, has been accompanied with rising uneasiness, at least in certain quarters, as well as calls for some form of regulation. Litigation funding is in fact subject to regulation in some countries, including those where there is a longer history of third-party litigation financing; in Canada, for instance, it has 
I wouldn’t ordinarily write about the same company or set of circumstances two days in a row, but because of developments following in the wake of the data breaches Yahoo announced last year, the company’s name has come up again. Yesterday, I wrote about the investigation the SEC reportedly is pursuing in connection with Yahoo’s alleged delays in disclosing the data breaches. It turns out that yesterday a plaintiff shareholder also filed a securities class action lawsuit in the Northern District of California against Yahoo and certain of its directors and offices relating the company’s reported data breaches. A copy of the complaint the plaintiff filed on January 24, 2017 can be found