In a recent case involving Meta (née Facebook), the Delaware Court of Chancery issued an important opinion that speaks to the fundamental nature of corporate governance. Nearly everyone knows that corporate directors owe fiduciary duties to “the corporation and its
Cleary Gottlieb Discusses Scotus Ruling on Who Decides If a Dispute Is Arbitrable
On May 23, 2024, the United States Supreme Court unanimously held in Coinbase, Inc. v. Suski that where there are two competing contracts – one requiring the arbitration of disputes (including the arbitrator deciding whether a dispute is arbitrable), and
This is Who We Are Now
There was another shooting at a Jewish school in Montreal yesterday, which led to what has become the Canadian version of “thoughts and prayers”, namely a politician lamenting that “this isn’t who we are.” But months of escalating antisemitism make
New Program Associates Expand IAALS’ Expertise and Capabilities
IAALS is thrilled to welcome Ericka Byram and Courtney Petersen to our team as program associates. Byram and Petersen bring extensive experience to our projects and a strong dedication to making justice for all a reality for everyone.With a diverse
Preparing Law Students for Real-World Practice by John Lande
Preparing Law Students for Real-World Practice by John Lande. Abstract This article summarizes a program entitled Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum at the annual conference of the ABA Section of Dispute Resolution. It describes problems with…
Davis Polk Discusses Crypto Market Structure Bill in U.S. House
In an important step forward, the House voted to pass a bill to establish a comprehensive regulatory framework for digital assets and offering important protections for customers. It could be improved by expressly discarding Howey, Reves or similar inherently ambiguous tests when it
How Debt Investors Are Influencing Corporate Governance
Since the global financial crisis of 2007-2008, the corporate finance markets have been dramatically transformed. Most notable has been the rise of non-traditional providers of debt finance such as private credit funds, which now aggressively compete with traditional finance providers
Curb Your Enthusiasm: Why Bill S-210 Could Mandate CRTC-Backed Age Verification For Streaming Services Like Netflix, Crave and CBC Gem
There are many reasons to be concerned about Bill S-210, the mandated age verification bill that raises significant privacy and freedom of expression risks and which is being improbably backed by Conservative MPs. The bill would mandate age verification
Leveraging Information Forcing in Good Faith
The duty of good faith and oversight, which is a branch of the duty of loyalty, has been the subject of considerable litigation in recent years, with cases revealing significant information asymmetries between directors and management. These cases are subject
Ropes & Gray Discusses AI and the Copyright Liability Overhang
Copyright law, as it relates to Artificial Intelligence (“AI”), is at a crossroads. Rapid innovation in AI has created a great deal of uncertainty regarding whether popular AI platforms infringe copyright. More than a dozen1 suits are pending across the United