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The Delaware Supreme Court in Kellner v. Aim Immunotech[1]recently ruled on the enforceability of a “modern” set of advance notice bylaws. Advance notice bylaws are the key tool corporations have to regulate the director nomination process and ensure full and fair disclosure to stockholders in a proxy fight. Critically, advance notice bylaws also allow the board to gather information necessary to guide its recommendation for or against a nominated candidate. While the headline may be that the court found all the challenged bylaws to be unenforceable, looking at each bylaw individually reveals a much less discouraging picture for corporations.[2]
Continue Reading Delaware Supreme Court Ruling on Advance Notice Bylaws – What’s In, What’s Out and What’s Missing from Advance Notice Bylaws

Milbank Litigation & Arbitration partners Antonia M. Apps and Adam Fee, and special counsel Matthew Laroche, have authored “A Guide for Boards and Companies Facing Ransomware Demands.” The article was first published on October 16, 2021 in the Harvard Law School Forum on Corporate Governance, a leading online resource on corporate governance issues. Continue Reading Milbank Litigators Publish A Guide for Boards and Companies Considering Whether to Pay a Ransom Following a Cyber Attack in the Harvard Law School Forum on Corporate Governance

Milbank LLP Litigation & Arbitration partners Antonia M. Apps and Adam Fee, and special counsel Matthew Laroche, who recently rejoined the firm after his tenure as an Assistant United States Attorney in the Southern District of New York, discuss the US Department of Justice’s (DOJ) focus on “Foreign Agent” cases, including the recent indictment of a former advisor to President Trump, in an article published on the Harvard Law School Forum on Corporate Governance, a leading online resource on corporate governance issues.
Continue Reading Milbank Litigators Assess Impact of DOJ’s Focus on “Foreign Agent” Cases in Harvard Law School Forum on Corporate Governance

Milbank LLP Litigation & Arbitration partners Antonia M. Apps and Adam Fee, and special counsel Matthew Laroche, who recently rejoined the firm after his tenure as an Assistant United States Attorney in the Southern District of New York, have authored an article on modern ransomware attacks for the Harvard Law School Forum on Corporate Governance, a leading online resource on corporate governance issues.
Continue Reading Milbank Litigators Publish Article on Addressing the Escalating Threat of Ransomware in Harvard Law School Forum on Corporate Governance

On June 15, 2021, within hours of her Senate confirmation as a Federal Trade Commission (FTC) Commissioner, 32-year-old Lina Khan was appointed by President Biden to serve as the youngest FTC Chair in history.
Continue Reading What Does Lina Khan’s Appointment as FTC Chair Mean for Your Business?