by Touch Stone Publishers | May 22, 2026
Executive Summary Delaware law does not prohibit Fortune 500 companies from adopting mandatory arbitration clauses for federal securities claims in their corporate bylaws, and the SEC removed the final federal obstacle in September 2025. Every Delaware-incorporated...
by Touch Stone Publishers | May 22, 2026
The SEC ended its 54-year practice of silencing defendants as a condition of settlement. On May 18, 2026, the Commission rescinded Rule 202.5(e), the no-deny provision that required every settling party to agree, in perpetuity, not to publicly dispute the...
by Touch Stone Publishers | May 21, 2026
A Delaware Chancery opinion issued May 11, 2026 holds that directors nominated by institutional investor funds cannot count as independent or disinterested when the transaction before them benefits those same funds. The court denied dismissal of fiduciary duty claims...
by Touch Stone Publishers | May 20, 2026
Executive Summary The SEC proposed yesterday to eliminate mandatory auditor attestation on internal controls for approximately 81 percent of all public companies, raising the large accelerated filer threshold from $700 million to $2 billion in public float. Audit...
by Touch Stone Publishers | May 19, 2026
Executive Summary Vice Chancellor J. Travis Laster of the Delaware Court of Chancery has ruled that a board which approves a major asset transaction and then stands silent while the execution plan fails has crossed from delegation into abdication, a clear breach of...
by Touch Stone Publishers | May 18, 2026
Glass Lewis has documented, with survey data and S&P 100 proxy analysis, that 72 percent of the largest US companies have not met the governance standard that most institutional investors now expect: board-level AI oversight disclosure backed by a formal AI...
