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    1. The Importance of a Startup’s Board of Directors

      The Importance of a Startup’s Board of Directors

      Countless new businesses, commonly known as “startups,” are launched each and every day, and while some of them may have better business models than others, a startup’s ability to successfully grow from a seed into a stable, mature, and profitable business often depends on much less perceptible decisions. In particular, one of the most overlooked, yet incredibly important challenges every startup faces, is the selection of its board of directors...

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    2. Blog: Is “stale” a Big Reason for “male and pale” Boards?

      Blog: Is “stale” a Big Reason for “male and pale” Boards?

      Here is the lede from this WSJ article: “A stubborn paradox reigns across U.S. boardrooms: Companies are appointing more women to board seats than ever, yet the overall share of female directors is barely budging.” In comments to the WSJ, the managing director for corporate governance research at the Conference Board indicated that, in “the last two decades, there’s been a sweeping revolution in the field of corporate governance…. 

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    3. Finding Insufficient Proof Of Damages, Delaware Court Of Chancery Enters Judgment In Favor Of Defendant Despite Finding Fiduciary Duty Breaches

      Finding Insufficient Proof Of Damages, Delaware Court Of Chancery Enters Judgment In Favor Of Defendant Despite Finding Fiduciary Duty Breaches

      On October 16, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery found in a post-trial opinion that Potomac Capital Partners II, LP (“Potomac”), an activist investor, aided and abetted breaches of fiduciary duty by the board of PLX Technology Inc. (“PLX”) in connection with its acquisition by Avago Technologies Wireless (U.S.A.) Manufacturing Inc. (“Avago”), but entered ...

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    4. Shareholder Litigation in the Wake of the #MeToo Movement

      Shareholder Litigation in the Wake of the #MeToo Movement

      Companies are facing a growing number of derivative and securities class actions in the wake of the #MeToo movement. Having strong protocols to address allegations of harassment and sexual misconduct, thoroughly and promptly investigating such allegations, and carefully weighing the risks in severance payments to accused harassers are some of the steps companies can take to protect against such actions...

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    5. New Tax Law Affects Executive Compensation

      New Tax Law Affects Executive Compensation

      The final tax reform bill signed by President Trump on December 21, 2017 makes substantial changes to executive compensation paid by private and public companies and non-profit organizations. But it could have been worse. Significant restrictions on nonqualified deferred compensation plans were removed from the final bill...

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