2020 Articles

California Superior Court Enforces Federal Forum Selection Provision Under California Law By David Kotler, Joshua D.N. Hess, & Brian C. Raphel October 2020 A California state court recently enforced a Delaware corporation’s bylaw requiring shareholders to bring federal securities claims under the 1933 Securities Act in an appropriate federal forum, demonstrating that courts outside of Delaware will enforce such provisions.
Chair’s Column By Melissa Carter February 2020 A note from the chair, Melissa Carter.
Individual Criminal Liability for Failure to Disclose Data Breach Establishes a New Level of Risk for Companies and Executives By Michael Ward, Devika Kornbacher, Branden Stein, & Elizabeth Matthews October 2020 Until recently, the criminal prosecution of company executives was not one of the expected consequences of not disclosing a breach.
IRS Retirement Plan Limitations for 2020 By Bernard G. Peters February 2020 An overview of the updates to the Internal Revenue Service's retirement plan limitations, which sets forth the 2020 limits of the amounts that can be deferred under different retirement plans.
ISBA Corporate Law Department Section: Legal Minutes, Winter 2019-20 By Mark A. Spognardi February 2020 Summaries of recent legislation, cases, and other legal matters of interest to corporate law practitioners.
New Year Brings New Rules for Retirement Accounts By Mary K. McWilliams, Martin P. Ryan, Anna G. Kardaras, & Gregory M. Winters February 2020 The recently-passed SECURE Act makes significant changes to the rules related to qualified retirement plan accounts, including IRAs.
Shareholder Litigation and COVID-19: Risks Facing Directors and Officers of Public Companies By Charles F. Smith, Matthew R. Kipp, & Matthew S. Rosenthal October 2020 Plaintiffs' attorneys have attempted to exploit the COVID-19 pandemic as an opportunity to bring securities fraud and derivative lawsuits against public companies. Directors and officers can mitigate litigation risk by addressing a number of disclosure and insurance-related items.