DOJ Targeting Private Equity Firms in False Claims Act Litigation

The False Claims Act (FCA) has long been a powerful tool for the federal government to generate large recoveries from government contractors, including companies in the healthcare industry. In fiscal year 2017 alone, the US Department of Justice (DOJ) recovered more than $3.7 billion in settlements and judgments in civil cases brought under the FCA.

Back On Track: Update on CSX

When last we checked in with our intrepid railroad, legendary railroader E. Hunter Harrison was leading the company through rapid and tumultuous change. Trumpeting his famed ‘Precision Railroading’ and driving CSX’s stock up more than $10B in value, while overseeing rapid consolidation and layoffs, at least shareholders were enjoying the fruits of activist investing. Looming

Delaware Supreme Court Establishes Rules Facilitating Dismissal of Board Advisors from M&A Litigation

In recent years, entrepreneurial plaintiffs’ lawyers representing stockholders in litigation challenging mergers and acquisitions have increasingly asserted aiding and abetting claims against financial and other advisors to corporate boards of directors, perceiving the investment banks and law firms that serve in these roles as potential defendants with deep pockets.  This trend likely will reverse itself

In Facebook Compensation Row, Delaware Corporate Formalities Held Indispensable

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Adhering to corporate formalities is often cited as a disadvantage of organizing a business using the corporate form, but those formalities play a crucial role in protecting the corporation’s shareholders. This fact was made clear in the Delaware Court of Chancery’s October ruling in the case of Zuckerberg v. Espinoza, 124 A.3d 47 (Del. Ch. 2015). The case, which