Executive Private Misconduct

A file folder with the word "Private" on the front

In recent years, private misbehavior of corporate executives like Harvey Weinstein, Steve Wynn, Leslie Moonves, and Elon Musk has outraged many people around the world. Such misconduct – when made public – has frequently damaged the executives’ public reputations, diminished the value of their companies’ stock, and raised some serious legal and policy issues. Part of the challenge in dealing with misbehaving business executives is that the two bodies of law and regulation that govern much of American business – state corporate law and federal securities law – were largely designed to address the professional duties of executives and not their personal lives. Temple Law Professor Tom Lin proposes an original and workable roadmap for conceptualizing, navigating, and addressing executive private misconduct.

Professor Jonathan Lipson: 2020 Friel-Scanlan Lecture

On November 10, 2020, Temple Law Professor and 10-Q Faculty Editor Jonathan Lipson delivered the 2020 Friel-Scanlan lecture titled “Sex, Drugs, and Bankruptcy: Due Process and Social Debt.” The lecture was delivered against the backdrop of the American opioid crisis and recent events surrounding the well-publicized bankruptcies of Purdue Pharma, Boy Scouts of America, and other debtors with liability for egregious misconduct. Professor Lipson argued that a bankruptcy system which offers sweeping releases from civil and criminal liability for those involved in this wrongdoing upsets the basic tenets of Due Process.

Publication of the Model Business Corporation Act Annotated (5th edition)

The 5th edition of the MBCAA of course contains the full text of the Model Act, reflecting all amendments and Official Comments through July 1, 2020, including the substantial revisions effected by the 2016 revision of the Model Act, and more recent additions such as the provisions authorizing virtual-only shareholder meetings and public benefit corporations. Extensive additional resources, however, distinguish the newly published MBCAA from other published versions of the Act and, indeed, from other corporate law treatises.

The Compliance Monthly: Fraud Emerges as Telemedicine Surges – Compliance Guidance for Telemedicine Providers

Telemedicine providers should examine the type of conduct DOJ has recently
focused on and adapt their compliance systems accordingly. Providers should also consider the
cybersecurity dimension of a robust compliance system and ensure that their network is
protected from malicious cyber actors.

Webinar Covers the Impact of COVID-19 on Shareholder Activism in the Retail Industry

On October 7, 2020, Morgan Lewis Partner Christina Edling Melendi moderated a virtual panel discussion examining the impact of COVID-19 on shareholder activism in the retail industry. Panelists included attorneys and consultants alike from some of the nation’s top legal and consulting firms. The panel’s focus was aimed squarely at helping retailers understand the threats they may face in the wake of the pandemic, as well as possible strategies to defend themselves against activist campaigns.

How the West Became the East: The Patent Litigation Explosion in the Western District of Texas

Since Judge Alan Albright took the bench in the Western District of Texas in 2018, his docket has become the new hotspot for patent litigation. The authors identify five reasons why the Western District is attractive to patentees and explain why they are problematic.