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Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the third quarter of 2023. If you would like to discuss...

On June 27, 2023, the U.S. Supreme Court decided that states can require corporations registered in their state to consent to be sued in the state as a condition of doing business there—even if the facts of a lawsuit occurred several states away and the corporation is not "at home" in the state...

On July 17, 2023, Delaware Governor John Carney signed into law the 2023 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised Uniform Limited Partnership Act (the “LP Act”), and the Delaware...

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the second quarter of 2023. If you would like to discuss...

Introduction The Supreme Court of the United States recently clarified the scope of appellate review over "purely legal" issues in cases where no post-trial motions were filed prior to an appeal. In Dupree v. Younger, No. 22-210, the Court unanimously reversed a decision of the United States Court...

Welcome to the first edition of Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This first edition is related to developments during the first quarter of 2023. If...

On February 1, 2023, the parties completed briefing on the Consumer Financial Protection Bureau’s (“CFPB”) petition for writ of certiorari to the U.S. Supreme Court in the case of Consumer Financial Services Association of America, Limited, v. Consumer Financial Protection Bureau (“ CFSA”). The CFPB...

Section 102(b)(7) of the General Corporation Law of the State of Delaware was amended to permit Delaware corporations to exculpate certain corporate officers from monetary liability for breaches of the fiduciary duty of care. Previously, similar protections were available only to directors. This...

The FTC has announced the annual updates to the Hart-Scott-Rodino (“HSR”) size thresholds, fees and the daily penalty for HSR violations. The updated thresholds and fees were published in the Federal Register on January 26, 2023 and will take effect on February 27, 2023. See Federal Register...

BACKGROUND: The Rule - What It Means and What It Prohibits A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person to serve as a director of competing corporations. If certain conditions exist...

LATEST UPDATE The FTC has voted to extend the public comment period on its proposed rule to ban employers from imposing non-competes on their workers, and will now be accepting comments on the proposed rule until April 19, 2023. Comments can still be submitted in either writing or online using the...

Final regulations published on September 30, 2022 (the “final Regulations”) by the Financial Crimes Enforcement Network (“FinCEN”) of the Department of Treasury under the Corporate Transparency Act (“CTA”) grant business owners a reprieve, but not a pardon, with respect to their looming beneficial...

Eric Orlinsky at the firm Saul Ewing LLP, and one of the founding fathers of the business and technology court in Maryland stated, “research and evidence demonstrates that business cases litigated in a specialized court quickly resolve contributing to the efficiency of the court system.”

Twitter to interview Elon Musk, known for combative testimony Musk's lawyers will want to keep him focused on answering questions, but that can be a challenge with such a smart and opinionated witness, said James Morsch, a corporate litigator who is not involved in the court battle. "I would compare...

On July 27, 2022, Delaware Governor John Carney signed into law the 2022 amendments to the General Corporation Law of the State of Delaware (the “DGCL”), the Delaware Limited Liability Company Act (the “LLC Act”), the Delaware Revised Uniform Limited Partnership Act (the “LP Act”), and the Delaware...

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